Prima Facie Misuse Of Power By Assistant District Govt Counsel Under SC/ST Act: Allahabad High Court Directs State To Inquire
Upasna Agrawal
13 Sep 2024 8:58 AM GMT
The Allahabad High Court has directed the Uttar Pradesh government to look into a case where the post of Assistant District Government Counsel (Criminal) is being misused by the official in lodging FIRs under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and seeking compensation under the Act.
Petitioner No. 1 is presently posted as District Social Welfare Officer, Jhansi and Petitioner No. 2 was posted in the same position earlier. They approached the High Court against the FIRs lodged under IPC and the SC/ST Act against them at the behest of the respondent-informant on grounds that the petitioners in their official capacity had only disbursed part of the compensation under the Act, and had unlawfully withheld the rest.
Petitioners pleaded that the informant was routinely lodging false criminal prosecution for getting compensation under the welfare scheme. It was pleaded that as per evidence, the informant had taken around Rs. 21 lakhs, however, it was in the petitioner's knowledge that the amount was Rs. 27 lakhs for lodging complaints against various persons.
It was argued that the Petitioner was not responsible for the compensation that was paid as she was not posted in Jhansi at the time. Further, it was argued that even though the other petitioner was posted in Jhansi, the compensations were approved by a “four member Committee.”
The bench comprising Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal observed
“We find that prima facie this appears to be a glaring example of misuse of official post of A.D.G.C. (Criminal), however, no final finding is being recorded and it would be appropriate to that the entire matter be looked into by the respondent no. 1-State of U.P. through Secretary, Home personally and appropriate action / direction be issued on his behalf and this Court be informed as to what action has been taken in this matter.”
The Court observed that the respondent-informant had lodged 12 FIRs between 2014-2023 and had received compensation in 9 of those 12 cases. Accordingly, the Court observed that the gravity of the case required the State's intervention.
The Court directed the District Magistrate, Jhansi and Senior Superintendent of Police, Jhansi, to personally look into the entire records and take appropriate steps. It was directed that a proper affidavit indicating steps taken be filed before the Court.
The case is directed to be listed on 21.10.2024 to which date petitioners have been granted interim protection from arrest.
