By saying the officers as "very arrogant", the Supreme Court dismissed an appeal of the Uttar Pradesh government on Saturday and paved the way for arrest of state finance secretary and the additional chief secretary (revenue) against whom the Allahabad High Court issued bailable warrants for delayed and partial compliance of orders.
A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a petition challenging the High Court's recent order issuing bailable warrants against State officers including the Finance Secretary and the Additional Chief Secretary (revenue) in a matter relating to regularization of a collection amin.
The high court, on November 1, observed that the officials have been treating the court as "playground" and have refused to grant arrears of salary to a person who was earlier denied the rightful claim of regularisation of service.
"As the respondents (officers) have deliberately mislead the (High) Court and flouted the undertaking given by the Additional Advocate General in not granting arrears of salary to the petitioner, this Court records it distress and anguish about the reprehensible conduct of the respondents, and accordingly, believes that it a fit case to issue bailable warrant against Additional Chief Secretary (Revenue) and Sanjay Kumar, the then District Magistrate currently posted as Secretary (Finance), Government of U.P., Lucknow to appear before this Court on November 15. Let bailable warrant be issued against...," the high court had ordered.
Additional Solicitor General Aishwaya Bhati, appearing for the officials, said that the service of the petitioner, Bhuneshwar Prasad Tiwari, as 'collection amin' has been regularised and the juniors, who were given regular employment ahead of him, have been removed and the only issue remained was that of payment of arrears of the salary.
"Your Lordships may not take this view," the law officer urged the court saying lenient view be taken in the case.
"These all are matters of record and we are not saying anything which is not part of the records. Look at this, despite the court order, this additional chief secretary says that I will not grant the age relaxation," a visibly-irked CJI observed. The officials resisted compliance in every possible way and they deserve what they get and more, the bench said.
The state government, which rushed to the top court, to save the top officials from getting arrested could not get the relief as a bench headed by Chief Justice N V Ramana said, "You deserve all this. More than that."