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The Allahabad High Court recently came down heavily upon the officers of the Uttar Pradesh State Government over non-compliance of Court orders and directed the Chief Secretary, UP Government to initiate action and draw up a comprehensive plan for implementation of the orders. 

The bench of Justice Rohit Ranjan Agarwal observed, "This Court is pained to take note of the fact that in recent time there is surge in filing of contempt petitions, and on a daily basis about 20-25 officers of the State Government, who are required to perform their duties at the District or State headquarters are present in the Court due to non-compliance of the orders."

Court said that this speaks about the incompetence and indecisiveness of the officers of the State Government. Court stressed that these officers are required at their place to perform public duty and in rare cases, their presence is necessary in the Court, but as the orders are not being complied with, the Court is left with no option but to summon them. 

Accordingly, Court noted that a mechanism should be brought in place, so that a quick decision is taken upon receiving of the information about the judgment rendered in a particular case, and whether the State will contest it before a higher forum or not.

Court also said that to prevent dismissal of the appeals of the State on the ground of delay, a mechanism should be developed so that the State or its department may approach the higher forum by way of appeal within the period of limitation.

"Further, a mechanism should be developed for sending the information by the officers of the law department posted at High Court to the office of Legal Remembrancer as well as the concerned department through e-mail within 24 hours of the decision. The concerned department should thereafter take opinion of the Legal Remembrancer within the shortest possible time and all efforts should be made by Legal Remembrancer and his office to give his opinion through e-mail to the concerned department within three days," Court observed. 

Court further suggested the Chief Secretary, Government of U.P. to call for a report especially from the education department of the State as to why such huge number of litigation is pending in this Court and the orders are not being complied by subordinate officers.

"In case, it is found that these officers are incompetent or inefficient in performing their duties, they should be placed on the desk with least amount of work and more efficient and competent officers should head the desk where the work is of great importance and needs faster decision", Court advised.

The development has taken place in a contempt application moved by one Rakesh Devi @ Rakesh Kumari, an employee with the District Basic Education department of the State, alleging that despite Court order, the State, not only in her case, but in a number of cases is withholding the payment of gratuity, the gratuity was not paid to the retired teachers.

Case Title: Rakesh Devi @ Rakesh Kumari v. Satish Kumar, District Basic Education Officer