Court issues bailable warrant against UP Principal Secretary for not complying with a court order: Allahabad High Court
Case title –Suresh Chand Rajvanshi vs. Shri Sanjay Prasad, Principal Secretary Home And Another [CONTEMPT APPLICATION (CIVIL) No. – 6613 of 2022]
Last week, the Allahabad High Court issued a bailable warrant against the Principal Secretary (Home), UP Govt., for disobeying the court’s order with intent. The Court ruled that the concerned officer was guilty of contempt and issued this order.
FACTS
The bench headed by Justice Piyush Agrawal made it clear in its decision that the state’s officers are misbehaving. It also said that the state’s law minister should be informed of the HC’s order and take the necessary steps. The court was essentially hearing a second contempt plea from Suresh Chand Rajvanshi, who argued that the state authorities had not followed the HC’s November 2021 orders to decide his claim for an additional increment within three months.
His first contempt plea was overturned in May 2022, giving authorities three more months to comply with the writ Court’s order. However, since neither the writ Court nor the contempt Court’s orders were followed, he moved for a second contempt application. The Court heard the case on November 9, 2022, giving Principal Secretary Home another month to follow its order.
JUDGEMENT
However, on January 4, 2023, the Court noted that neither the Principal Secretary Home remained in attendance as directed nor any compliance with the Court’s order was observed. As a direct consequence of this, bailable warrants were issued against Sanjay Prasad, Principal Secretary (Home), Government of Uttar Pradesh. These warrants were to be served by the DGP and required him to appear in person on the specified date (January 25) in order to be charged with wilful and deliberate disobedience to the writ Court’s order.
In addition, the Director General of Police was instructed to ensure that the opposing party was present on January 25 before the Court. Additionally, the Court required the Principal Secretary (Law)/L.R. to be present.
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JUDGEMENT REVIEWED BY AJAY ADITHIYAA.