Issue Circular For Counselling Bureaucrats Who Are Oblivious Of Recent Judgments To Save Court’s Time: Allahabad High Court To State

The Allahabad High Court held that circulars ought to be issued for counselling of the officers of the State who remain oblivious regarding the issues recently settled by the Court, with the guidance and assistance of Panel State Law Officers, in order to save the precious time of the Court.

The Court allowed a Writ Petition challenging a recovery order issued by a District Magistrate under Section 27 of the U.P. Panchayat Raj Act (Act), which issue was already settled in another case. The Court emphasized that if government authorities exercised care, the unnecessary burden of frivolous limitation would be reduced and would also save the time and energy of the Courts.

Justice Manju Rani Chauhan observed, “This Court feels 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”.

Advocates J.P. Singh and Himanshu Singh appeared for the Petitioner.

The Petitioner approached the Court by way of a Writ Petition challenging a recovery order issued by the District Magistrate under section 27 of the U.P. Panchayat Raj Act (Act). This issue was resolved by a Division Bench of the Court in the case of 'Dinesh Kumar and others v State of U.P. and others' [2023 (1) ADJ 81].

The Court noted that such type of cases waste the precious time of the Courts. The Court emphasized that if a care note is exercised by the government authorities, it would not only ease the unnecessary burden of frivolous litigation but also save courts precious time and energy. The Court observed, “Before parting with the matter, this Court tends to explicate the unwelcoming experience over the frivolous petitions as the roster of this 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”.

Furthermore, the Court noted that there should be a systematic process of educating and counselling officers who seem unaware of recent legal precedents established by the courts. The Court noted that such efforts can be enhanced with the guidance and support of the panel of State Law Officers, who receive substantial compensation from the State Exchequer to provide their services in safeguarding the interests of the State, which ultimately serves the larger public. Such proactive measures will not only benefit the administration but also significantly reduce the burden on the judicial system, the Court observed.

Therefore, the Court directed the Secretary of the Panchayat Raj of UP to issue the concerned circular under the intimation of the Court. The Court instructed the Registrar General to ensure that the same circular is placed on the record of the case.

Accordingly, the Court allowed the Petition.

Cause Title: Nageena Singh v State of UP and Ors.

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