Allahabad High Court issues bailable warrant against UP Principal Secretary for not complying with court order

The Allahabad High Court last week issued bailable warrant against the Principal Secretary (Home) of Uttar Pradesh, Sanjay Prasad after he failed to appear before the Court in a case of wilful and deliberate disobedience of the Court's order [Suresh Chand Rajvanshi v Sanjay Prasad, Principal Secretary Home & Anr]..Single-judge Justice Piyush Agrawal observed that a contempt of court case was made out against Prasad, and lamented that the manner in which the State officers were behaving reflected a very sorry state of affairs. "Let bailable warrants be issued against Shri Sanjay Prasad, Principal Secretary (Home), Government of U.P., Lucknow (opposite party no. 1), who shall appear in person on the date fixed for framing of charges for wilful and deliberate disobedience of the order passed by the writ Court," the single-judge directed.The Court also directed that its order be placed before the Law Minister of the State for intimation and necessary action at his end..In the present case, a contempt plea was filed by one Suresh Chand Rajvanshi stating that the State authorities had failed to comply with a November 2021 order of the High Court to decide his claim for grant of additional increment within a period of three months.Rajvanshi's first contempt plea was disposed of in May 2022 by granting three months time to authorities to comply with the order of the Court.However, since the orders were not complied with, Rajvanshi moved the present contempt application.Earlier, on November 9, 2022 the Court had given one month to concerned officer as last chance to comply with order..In the order passed on January 4, the Court noted that neither had the authorities complied with its order nor was the Principal Secretary Home present before the Court as directed."The conduct of the opposite party no. 1 shows deliberate and wilful disobedience of the orders passed by the writ Court as well as this Court. It appears that the opposite parties have no regard to the orders passed by this Court. For the slackness on their part, the applicant is being put to suffer. In spite of filing of the second contempt application, the opposite parties are sitting tight over the matter," the Court observed..Consequently, the Court directed the Director General of Police, Lucknow to serve the bailable warrants to the concerned officer within a week and file his personal affidavit, to that effect, within next one week for compliance with the present order. "The Director General of Police, Lucknow shall further ensure the presence," the Court ordered.Advocate Jaswant Rai represented applicant while Additional Advocate General MC Chaturvedi with advocate KR Singh represented opposite party. .[Read Order]