LI Network
Published on: October 30, 2023 at 12:43 IST
The Allahabad High Court, in a case challenging recovery under Section 27 of the UP Panchayat Raj Act, has emphasized the need for government officers to be acquainted with recent court decisions to prevent frivolous litigation from overwhelming the courts.
Justice Manju Rani Chauhan of the Allahabad High Court expressed the view that state functionaries and officers should be regularly counseled and informed about recent legal issues resolved by the courts. She suggested issuing circulars for this purpose with the assistance and guidance of panel State Law Officers, who are remunerated from the state treasury to safeguard the state’s interests, which ultimately serve the public.
The case in question involved a challenge to a recovery order issued by the District Magistrate, Azamgarh, under Section 27 of the U.P. Panchayat Raj Act. The petitioner argued that the inquiry was not conducted by the Chief Audit Officer, as required by law.
The Court ruled in favor of the petitioner, citing a previous judgment of the Allahabad High Court in the case of “Dinesh Kumar and others vs. State of U.P. and others.“
In that case, the Court suggested the establishment of a body with powers to supervise the functioning of the Pradhans and their officials to monitor and supervise the work carried out by the Panchayats.
The High Court noted that multiple petitions on the same issue were being filed, clogging the court’s docket with frivolous cases due to the unawareness of responsible government officials.
The Court emphasized that it is the responsibility of State Law Officers, well-compensated by the state, to issue circulars on matters decided by the courts to prevent such redundancy.
Consequently, the Court directed the Secretary, Panchayat Raj, U.P., Lucknow, to issue a circular in this regard and submit it to the Court for reference.
Case Title: Nageena Singh V. State Of U.P. And 2 Others (2023)