Union Of India Not Being Represented Properly Before Court In UP: Allahabad High Court Issues Notice To ASGI

The Allahabad High Court on Thursday observed that matter of the Union of India remains unattended before the Court and that it appeared that in the State of Uttar Pradesh, the Union of India is not being represented properly and therefore, issued a notice to the Additional Solicitor General of India.

The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand observed thus while dealing with a writ plea filed by one Shamim Begum, who was district youth co-ordinator of Nehru Yuva Kendra Sangathan, which comes under the Government of India, Ministry of Youth Affairs, and Sports.

The allegations against her were that she took HRA benefit despite being an allottee of a Governmental resident and therefore certain benefits had been stopped (reduction in 3 stages in the time scale of pay for a period of 3 years along with staying certain other financial benefits) as a penalty by the Union of India following departmental proceedings.

Consequently, she challenged the aforesaid penalty before CAT, however, CAT ultimately dismissed her plea after the exchange of pleadings. Thereafter, challenging the CAT order as well as the disciplinary authority's order, she moved the High Court with the instant plea.

The Court, on the previous occasion too (July 7, 2021), had observed that the Union of India was not represented in the matter and therefore, it had to adjourn the matter to September 9. 

It may be noted that on the first day of hearing in the matter in February, the Union of India had entered its appearance and had sought time to file a counter-affidavit, however, the Court noted, despite enough time being granted from February, 2021 till date, the Counter has not been filed.

In view of this, the Court has now closed the opportunity for the Union of India to file its counter and has also posted the matter for final disposal on September 22.

Importantly, the Court, in its order also noted that it had requested the Assistant Solicitor General of India just two days back that Union be represented properly before the Court.

However, the court added, none had turned up though (it was) assured (to) us that some counsel would remain present to assist the Court on behalf of Union of India.

"We are pained to mention that no counsel for Union of India is present in this matter," the Court concluded thus.

The petitioner was represented by Advocate Vibhu Rai.

Case title - Shamim Begum v. Union Of India And 2 Others

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