Acting In Aid Of Court & Assisting Justice Is Part Of Citizen's Duty To Which An Official Is No Exception: Allahabad HC

The Allahabad High Court has observed that acting in aid of the Court and assisting justice is part of the duty of every citizen, to which an official is no exception.

The Court slammed the conduct of the Additional Chief Secretary, Secondary Education, Government of U.P. for not filing affidavit on time.

The bench of Chief Justice Rajesh Bindal and Justice J.J. Munir was dealing with a PIL with reference to number of schools in the State, which were constructed but were not functional on account of non-appointment of teaching and non-teaching staffs.

Advocate Shahabuddin appeared for the petitioner whereas A.K. Roy, Additional Chief Standing Counsel appeared for the State.

Considering that despite adjournments affidavit was not being filed, the Court directed the Additional Chief Secretary, Secondary Education, Government of U.P. to file affidavit before the next date of hearing about the schools constructed in the State, which are not functional.

When the matter was taken up, the counsel for the State sought time to file affidavit stating that the Additional Chief Secretary, Secondary Education, Government of U.P. has been permitted to go abroad from December 13, 2022 to December 16, 2022.

"The action of the Additional Chief Secretary in planning a trip abroad and then not complying with our orders to file his personal affidavit, prima facie, appears to be reflective of a somewhat unwelcome tendency amongst certain officials of the State to be more frequently in breach of our orders than adherence.", the Court observed.

The Court noted that the Additional Chief Secretary had enough time to prepare the affidavit and file the same before the Court.

"…there was good enough time to prepare the affidavit and file the same before the Court but he thought of giving priority to his tour abroad instead of taking care of infrastructure in the State relating to the department, of which he is the In-Charge. Apparently, the priority is not that. Rather, it is enjoying holidays at State expense.", the Court noted.

The Court directed the appearance of the Additional Chief Secretary, Secondary Education, Government of U.P. in person along with complete record on December 22, 2022.

Cause Title- Rashid Ali v. State of UP & Ors.

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