Allahabad HC Criticises UP Add'l Chief Secy For Seeking Exemption From Appearance To Attend Programme With CM

“The proceedings of the Court are not supposed to be delayed because of the Programme fixed by any other constitutional authority, in which, the contemnor considers his presence to be necessary,” a bench of Justice Salil Kumar Rai observed in its order.

The single judge was dealing with a contempt plea filed by Laxman Prasad Kushwaha in 2009 for non-compliance with HC's order directing the authorities to sanction his salary and salary arrears.

In September this year, the Court was apprised that Rs.1,25,92,090/—, which includes salary arrears and interest on the arrears (more than Rs. 80 lakhs), was to be paid to the applicant under the orders of the Writ Court; however, the Director of Basic Education, Directorate of Education, Uttar Pradesh had not sanctioned the said amount.

In view of this, the Court, on September 24, directed the Director of Basic Education, the Principal Secretary (Basic Education), and the Principal Secretary (Finance) of the government of UP to ensure that the entire amount is paid to the applicant by 30 September 2024 at the latest.

In its order, the Court further directed that all the officials named earlier either file a compliance affidavit showing full compliance with the order passed by the Writ Court or shall be personally present in the Court for framing of charges.

Now, on October 3, the Director of Education (Basic) presented himself in the Court and filed his exemption application, stating that a review application had been filed seeking review of the order passed in the Special Appeal filed against the order of the Writ Court. He also prayed that the proceedings be deferred.

The Court, however, rejected this plea, noting that the order in the writ petition was passed in 2009, the contempt application has been pending since 2009, and the SLP filed by the respondents against the order of the Special Appeal Court had already dismissed been by Supreme Court September 2024.

The Principal Secretary (Basic Education), Government of UP, also filed an affidavit stating that he was required to be present before the Lucknow Bench of the HC in connection with a Public Interest Litigation (PIL) plea. Thus, he prayed that his appearance be exempted. The court allowed his plea.

Further, noting that the Additional Chief Secretary (Finance), UP Govt, also pleaded for exemption on the ground that he was required to be present in the inauguration Programme of the scheme known as Mission Shakti, Phase-5, which the Chief Minister was attending, the Court condemned the request as it observed that the plea wasn't such that his absence could be condoned.

However, considering the high office that the Additional Chief Secretary (Finance) holds, the Court condoned the Additional Chief Secretary (Finance) 's absence by warning him that strict action would be taken if the Court's orders were not complied with by the next date fixed.

Next, as a matter of last opportunity, the Court directed all the concerned officials to either comply with the order passed by the Writ Court and file a compliance affidavit by the next date fixed (November 11) or to present themselves personally for framing of charges.