'Sorry State Of Affairs': Allahabad HC Issues Bailable Warrant Against Principal Secy (Home) For Non-Compliance Of Court's Orders

The Allahabad High Court last week issued a bailable warrant against the Principal Secretary (Home), UP Govt for wilful and deliberate disobedience of the Court's order. The Court passed this order by holding that a contempt case was made out against the concerned officer.

In its order, the bench of Justice Piyush Agrawal stressed that the manner in which the Officers of the State are behaving is a very sorry state of affairs and it was further directed that HC's order be placed before the Law Minister of the State for intimation and necessary action at his end.

The Court was essentially dealing with a second contempt plea filed by Suresh Chand Rajvanshi who moved the court by submitting that the state authorities had failed to comply with HC's November 2021 orders to decide his claim for grant of an additional increment within a period of three months.

His first contempt plea was disposed of in May 2022 by granting three months further time to authorities to comply with the order of the writ Court, however, since the orders of the writ Court and the contempt Court were not complied with, he moved the second contempt application.

Hearing the matter on November 9, 2022, the Court granted another chance to the Principal Secretary Home to comply with Court's order (1 month).

However, on January 4, 2023, the Court noted that neither there was any compliance with the Court's order, nor the Principal Secretary Home remained present before the Court as directed. Hence, taking a strong view of the state of affairs, the Court observed thus:

"The conduct of the opposite party no. 1 shows deliberate and wilful 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 the second contempt application, the opposite parties are sitting tight over the matter. 14. In view of the above, a prima facie case for contempt is made out against the opposite parties"

Consequently, bailable warrants were issued against Sanjay Prasad, Principal Secretary (Home), Government of U.P., to be served by DGP, to appear in person on the date fixed (January 25) for framing of charges for wilful and deliberate disobedience of the order passed by the writ Court.

The Director General of Police was further directed to ensure the presence of the opposite party no. 1 before the Court on January 25. The Court also ordered for the presence of the Principal Secretary (Law)/L.R. 

Case title - Suresh Chand Rajvanshi vs. Shri Sanjay Prasad, Principal Secretary Home And Another [CONTEMPT APPLICATION (CIVIL) No. - 6613 of 2022]

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