'Sad State Of Affairs': Allahabad HC Summons DM After His Mobile Phone Found Switched Off During Working Hours

A bench of Justice Abdul Moin passed this order after the bench asked the Standing counsel to seek some instructions from the DM concerned. However, the Court was informed that upon calling the DM on his mobile number, the same was found to be switched off.

This prompted the court to express its displeasure, as it observed thus:

“It is indeed a sad state of affairs that the head of the District is functioning with his mobile phone being switched off. It is not understood under what circumstances the said mobile phone has been switched off with the result that in case of any emergency as to how the District Magistrate, heading the District, is to be contacted.”

The Court also observed that there was no reasonable or plausible explanation for the aforesaid conduct on the part of the District Magistrate to keep his mobile switched off.

In view of this, the Court directed the District Magistrate, District Hardoi, to remain present before the Court on Tuesday at 10:15 AM to explain under what circumstances he could not be contacted despite the best efforts of the Standing counsel.

The Court was hearing a writ petition filed by Najakat Ali seeking a mandamus commanding the DM to renew his explosive licence, pending since February 2024.

The petitioner was granted the explosive licence in 1989, which was renewed periodically. However, when he applied for its renewal on February 29, 2024, he did not receive any orders from the competent authority, the District Magistrate, despite a significant amount of time having passed since his application.

Considering that almost eight months have passed since the petitioner applied for license renewal, the Court required the Standing counsel to seek instructions from the DM on why the said application for renewal had not been decided in the morning session.

However, since the DM concerned could not be contacted as his mobile phone was found switched off, the Court summoned him to explain why the petitioner's explosive licence had not been renewed despite being applied for in February 2024.

The Court also noted that no reasons emerged for not renewing the explosive licence, which was given for renewal in February 2024.

“…in view of the impending festival season approaching, despite various festivals having already passed in which the petitioner in the capacity of being an erstwhile explosive licence holder could have sustained his livelihood…,” the Court observed as it summoned the DM, Hardoi.

The Court directed the Standing counsel to inform the Principal Secretary, Home, Civil Secretariat UP about its order. In turn, the Principal Secretary, Home, has also been asked to inform the DM about HC's order and to remain present before the Court on October 22 at 10:15 AM.

Interestingly, the Court added that if the Standing counsel also finds that the phone of the Principal Secretary, Home, is switched off, he should inform the Chief Secretary of the State about its order.