State functionaries must be aware of recently issues settled by the Courts toAllahabad High Court recovery UP Panchayat Raj Act

The Allahabad High Court while dealing with a petition challenging recovery under Section 27 (Surcharge) of the UP Panchayat Raj Act 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.

A Single Bench of Justice Manju Rani Chauhan passed this order while hearing a petition filed by Nageena Singh.

Counsel for the petitioner submitted that he has challenged the recovery order dated 13.09.2023 issued by the District Magistrate, Azamgarh under section 27 of U.P Panchayat Raj Act on the ground the inquiry was not conducted by Chief Audit Officer as required under law.

The Court noted that time and again such petitions are being filed by the petitioners taking the ground that the Chief Audit Officer has not conducted the inquiry. Therefore, the inquiry conducted is vitiated under law as well as the observations made in the case of Dinesh Kumar (supra). Such types of petitions are wasting precious time of the Courts.

“The Court tends to explicate the unwelcoming experience over the frivolous petitions as the roster of the Court is clogged 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. A care note, if exercised by the government authorities, would not only ease the unnecessary burden of frivolous litigation but will also keep the persons away from wasting their energy and money as well as Court’s time on the issues, adjudicated earlier. Such act drains the funds of public exchequer that too of no significant avail”, the Court observed.

The Court held that adequate exercise for counseling 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.

“The aforesaid issue has been settled by the Division Bench of the Court in the case of ‘Dinesh Kumar and others vs State of U.P and others’ reported in 2023 (1) ADJ 81.

Thus, in view of the order passed in the case of Dinesh Kumar (supra), the order dated 13.09.2023 passed by the District Magistrate Azamgarh is set aside. It shall be open to the parties concerned to proceed in accordance with law after getting a proper inquiry conducted as required under the relevant provisions and also keeping in mind the observations made by the Court in the case of Dinesh Kumar (supra).

In view of the above, the Secretary, Panchayat Raj, U.P, Lucknow is required to issue a circular in this regard under the intimation to the Court. Immediately on receipt of the circular, the Registrar General of the Court shall ensure that the same be placed on record of the case”, the order reads.

With above observations and directions, the Court allowed the petition.

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