'Very Arrogant', 'No Respect For Court Orders' : Supreme Court Dismisses UP Govt Secretaries' Plea Against Arrest Warrants
The Supreme Court on Saturday made scathing remarks against the Officers from State of UP against whom bailable warrants have been issued by the High Court, for their 'reckless attitude' in not respecting the Court orders.A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a petition challenging the High Court's recent order...
The Supreme Court on Saturday made scathing remarks against the Officers from State of UP against whom bailable warrants have been issued by the High Court, for their 'reckless attitude' in not respecting the Court orders.
A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a petition challenging the High Court's recent order issuing bailable warrants against State officers including the Finance Secretary and the Additional Chief Secretary (revenue) in a matter relating to regularization of a collection amin.
All three Judges, evidently miffed with the way the situation has been handled by the State and its officers, opined that the Officers appear to be 'arrogant' and deserve what they are getting.
"You deserve all this, more than that", the CJI remarked
"What are you doing here Ms Bhati! Look at your conduct, you are depriving him even of his arrears. Even with gun on your head, you've not abided by the court." Justice Hima Kohli told Additional Solicitor General Aishwarya Bhati appearing for the State of UP
"The High Court should have issued non bailable warrants and arrested them by now", Justice Surya Kant said.
"Such reckless attitude, no respect to court", the CJI said.
"What's the fault of this poor class IV employee?" ,Justice Kant remarked
Justice Kant went ahead and said that the State's Additional Chief Secretary appears to be "very arrogant".
After ASG Bhati informed the Court that the employee has been granted age relaxation and regularisation, Justice Hima Kohli said,"You've not done him any favour Ms Bhati."
Justice Kant further called out the Government's decision to allow his juniors to be regularised even after admitting that their working days were less
"You allowed his juniors to be regularised, you have admitted that their working days were less. Despite all this, your Additional Chief Secretary says we'll not grant permission and relax his age", Justice Kant added.
ASG Bhati submitted that the person who was wrongly given arrears has now been removed.
Justice Kohli, unimpressed with the submission, stated that, "The court did not direct you to remove those who who wrongly gave, it said it has been 4 years let them be. The court only directed you to comply. You resisted compliance in every which way. You deserve what you get and more."
ASG Bhati responded saying that, "If your lordships feel that arrears have to be given for 5 years for a post he has not worked on then…"
"Tell that to the court after you're arrested and produced" ,Justice Kohli said
The Bench then dismissed the State's Special Leave Petition.
The State's Petition was heard today after an urgent listing was sought by ASG Bhati yesterday.
While mentioning the matter before the CJI led Bench on Friday, ASG had urged the Court to list the matter today since bailable warrants issued by the High Court against Officers of State are returnable on Monday.
" The SLP is against impugned order of 1st Nov. High Court has issued bailable warrants against officers of State and returnable on Monday. Regularisation order has been passed but 4 yrs of arrears of salary when he didn't work is issue", ASG had said.
"You have to challenge it, if you don't implement order naturally Court is entitled to pass order. Now because of contempt case you are challenging. Otherwise you don't bother to implement", CJI had said.
"Why contempt came? Because you haven't implemented orders of writ petition", CJI had said.
The High Court through the impugned order had observed that the Officers deliberately misled the Court and flouted the undertaking given by its Additional Advocate General in not granting arrears of salary to the employee.
Calling their conduct 'reprehensible', the High Court issued bailable warrants against Additional Chief Secretary (Revenue) and Sanjay Kumar, the then District Magistrate currently posted as Secretary (Finance), Government of U.P., asking them to appear before the Court on November 15.
Case Title: State of Uttar Pradesh vs Bhuneshwar Prasad Tiwari & Ors, SLP (C) 18381/2021