Top UP finance officials held on HC order for defying directive

PRAYAGRAJ: Uttar Pradesh finance secretary S M A Rizvi and special secretary of finance Sarayu Prasad Mishra were taken into custody on Wednesday on the Allahabad high court's order for non-compliance of the court's April 4 directive to execute within a week a proposed rule to enlarge facilities for retired high court judges, including a provision to provide domestic helps.

The bench of Justices Suneet Kumar and Rajendra Kumar IV said in its order that "the conduct of the officers suppressing material facts and misleading the court, prima facie, have committed criminal contempt of the court".

The bench said the two bureaucrats should be produced before the court on Thursday for framing of charges. The court issued bailable warrant against UP's chief secretary and additional chief secretary, finance, Prashant Trivedi, while ordering that they be present in court on Thursday. The officials will have to explain why charges may not be framed against them, the court said.

The bench passed the directives on a writ petition filed by the Association of Retired Supreme Court and High Court judges and another petitioner. While hearing the petition on April 4, the court had directed the state government to implement the proposed rule to expand facilities for retired HC judges. It also directed that while implementing this proposal, a previous order by the government, issued on July 3, 2018, should be superseded. The court had asked the finance department to approve the proposal.

On Wednesday, an affidavit was filed on behalf of the state government and the court found that its April 4 order has not been carried out. The HC took serious note of the non-compliance. "The approach of the officers of the finance department is writ large, that the proposal submitted by the high court would not be complied with and in their overzealous approach and adamant attitude are opposing compliance of the court order without any valid basis."

The HC noted that the law department had forwarded the proposed government order on April 6 to "confer benefits upon the retired judges for approval of the finance department". "...it is only after approval by the finance department, submitted by the law department, the matter would be placed before the cabinet. In this backdrop, the affidavit is not only false but also misleading as the affidavit does not disclose as to why the proposal submitted by the law department was not approved or the reason for not approving it," the order said.