Saturday, December 9, 2023

Regularisation of clerks: Allahabad High Court summons senior UP government officials

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The Lucknow Bench of the Allahabad High Court has directed the Chief Secretary, Institutional Finance, Government of Uttar Pradesh, Civil Secretariat Lucknow and the Inspector General of Registration, UP to be present in the case of regularisation of 392 clerks posted in the State Registration Department.

A Single Bench of Justice Irshad Ali passed this order while hearing a petition filed by Prahlad Singh.

The order dated 5.10.2017, passed in Special Appeal, the Court examined validity of regularization of 392 Registration Clerks and after holding that these regularizations are not made in accordance with law, proceeded to pass following order :-

“We, therefore, direct the Chief Secretary of the State of U.P to take up the matter and initiate an inquiry into the illegal exercise of regularization made by the State Officials. The role of the officers of the Registration department including the then IG Registration, U.P Allahabad shall be inquired and responsibility be fixed upon all those who were sitting at the helm of the affairs and those who were involved in the entire process of regularization. The recovery for misuse of State Exchequer be also initiated against all those guilty, after fixing their responsibility after affording them opportunity to explain. A report may be submitted by the Chief Secretary to the High Court through Registrar General, High Court, Allahabad within a period of four months from the date of receipt of certified copy of this order.

The Chief Standing Counsel is directed to communicate this decision for necessary compliance.

Subject to the above observations and directions, this bunch of Special Appeals and writ petition, is decided finally. No order as to costs.”

The Court noted that,

In compliance with the order, a three members’ committee was constituted who submitted a report on 8.8.2018, holding that regularization of 392 Registration Clerks does not suffer from any infirmity or illegality and held that no officer is responsible for regularization of 392 Registration Clerks.

Counsel for the petitioner invited attention of the Court on the letter of the State Government dated 18.10.2019, much after passing of the order passed by the three members committee, calling for a report to take action against the erring officer(s).

The Court observed that this clearly demonstrates that the three members’ committee without going through the judgment of the Court dated 5.10.2017, has proceeded to submit a report. It is crystal clear that the authorities have flouted the order of the Court dated 5.10.2017.

“In view of the above, let the Chief Secretary, Institutional Finance, Government of Uttar Pradesh, Civil Secretariat Lucknow and Inspector General of Registration, U.P at Allahabad, Camp Office Gomti Nagar, Lucknow may appear in person before the Court to explain the conduct in non compliance of the order dated 5.10.2017 on the date fixed”, the Court ordered.

The Court has fixed the next hearing of the petition on November 21.

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