Govt Officers Must Be Counselled, Made Aware Of Recent Judicial Rulings To Avoid Frivolous Matters Clogging Courts: Allahabad HC

While dealing with a petition challenging recovery under Section 27 (Surcharge) of the UP Panchayat Raj Act, the Allahabad High Court has observed that the state functionaries/ officers must be aware of recent issues settled by the Courts to avoid frivolous litigation from clogging the Courts. “This Court feels that adequate exercise for counselling of officers, who remain oblivion on the recent settled issues by the Courts, be expounded to them on regular intervals by issuing circulars for the purpose, with the assistance and guidance of panel State Law Officers who are paid hefty amount from the State Exchequer to render their services in order to protect the interest of State who is ultimately meant for public at large. It would certainly save the precious time of the Courts also,” observed Justice Manju Rani Chauhan. Essentially, the Petitioner challenged the recovery order issued by the District Magistrate, Azamgarh under Section 27 of the U.P. Panchayat Raj Act because the inquiry was not conducted by the Chief Audit Officer as required under law. The case of the petitioner was covered by the decision of the Allahabad High Court in Dinesh Kumar and others vs. State of U.P. and others' wherein the Court had observed “However, the Court suggests that the Law Commission may take up the matter and as per the conditions prevailing now i.e. as per the various powers which have been bestowed upon the Panchayats after the amendment of the Constitution of India by the 73rd Amendment by which Articles 243(A) to 243 (O) have been added in the Constitution of India and the Panchayats have attained constitutional status, a body which has powers to supervise the working of the Pradhans and its officials should be constituted for monitoring of the Panchayats and for supervising the work which is being done by them.” The Court, while allowing the present case, observed that multiple petitions regarding the same issue were being filed before the Court. The Court further observed that such petitions were “clogging” the roster of the Court with frivolous petitions “owing to the ignorant attitudes being employed by responsible government functionaries, in most of the matters, wherein the issue involved has already been dealt with extensively by the Court pronouncing its verdict.” In this regard, the Court remarked that it is the responsibility of the State Law Officers who are paid well by the state exchequer to assist the authorities in issuing circulars from time to time on issues decided by the Courts. Accordingly, the Court directed the Secretary, Panchayat Raj, U.P., Lucknow to issue a circular in this regard and place the same on record before the Court. Case Title: Nageena Singh vs. State Of U.P. And 2 Others [WRIT - C No. - 34147 of 2023]Case Citation: 2023 LiveLaw (AB) 407Click Here To Read/Download Order

Govt Officers Must Be Counselled, Made Aware Of Recent Judicial Rulings To Avoid Frivolous Matters Clogging Courts: Allahabad HC

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