Allahabad HC Issues Bailable Warrant Against Principal Secretary (Home) For Not Complying With Court’s Order
The Allahabad High Court issued a bailable warrant against Principal Secretary (Home), Government of U.P., Lucknow for wilfull and deliberate disobedience of the Order passed by the Court.
In this regard, the bench of Justice Piyush Agrawal observed that the manner in which the Officers of the State are behaving is a very sorry state of affairs.
Applicant-Suresh Chand had filed a contempt application over non-compliance of the directions of the High Court directing to decide the claim of the petitioner for grant of additional increment within a period of three months.
The Court noted that the opposite party no. 1/ Principal Secretary (Home) was not present in person before the Court in spite of the direction of the Court.
The Additional Advocate General submitted that an application has been filed for exempting his personal presence, along with an affidavit.
On perusal of the affidavit, the Court noted that there is nothing about the reason or justification for the opposite party no. 1 for non-appearance before the Court.
Advocate Jaswant Rai, appeared for the applicant and M.C. Chaturvedi, Additional Advocate General, along with K.R. Singh, Chief Standing Counsel appeared for the opposite party.
“The conduct of the opposite party no. 1 shows deliberate and wilfull disobedience of the orders passed by the writ Court as well as this Court. It appears that the opposite parties have no regard to the orders passed by this Court. For the slackness on their part, the applicant is being put to suffer. In spite of filing of the second contempt application, the opposite parties are sitting tight over the matter.”, the Court observed.
The Court noted that a prima facie case for contempt is made out.
“In view of the above, a prima facie case for contempt is made out against the opposite parties.”, the Court said.
Thus the Court directed “Let bailable warrants be issued against Shri Sanjay Prasad, Principal Secretary (Home), Government of U.P., Lucknow (opposite party no. 1), who shall appear in person on the date fixed for framing of charges for wilfull and deliberate disobedience of the order passed by the writ Court.”
The Court listed the matter to January 25, 2023.
“The manner in which the Officers of the State are behaving is a very sorry state of affairs. Let this order be placed before Hon'ble the Law Minister of the State for intimation and necessary action at his end.”, the Court said.
Cause Title- Suresh Chand Rajvanshi v. Sanjay Prasad, Principal Secretary Home and Anr.