Allahabad High Court
Miss Reena Devi vs State Of U.P.& 2 Ors. on 9 December, 2013
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
AFR
Court No. - 34
Case :- WRIT - A No. - 63430 of 2013
Petitioner :- Miss Reena Devi
Respondent :- State Of U.P.& 2 Ors.
Counsel for Petitioner :- D.K.Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri D.K. Srivastava, learned counsel for the petitioner and Sri R.C. Yadav, learned Standing Counsel for the respondents.
2. With the approval of Police Establishment Board conveyed by letter dated 31.08.2013, the petitioner was transferred from District Kushinagar to Sant Kabir Nagar vide order dated dated 31.08.2013 issued by Deputy Superintendent of Police (Establishment), U.P. Police Headquarters, Allahabad. The grievance of petitioner is that the aforesaid transfer was allowed on her own request but she has not been relieved by respondent no. 3, despite repeated requests and representations, hence this petition.
3. Since it was a simple matter, this Court required learned Standing Counsel to seek instructions as to why petitioner has not been relieved though she was transferred as long back as on 31.08.2013.
4. Initially the respondent no. 3 did not respond despite information conveyed by learned Standing Counsel. When the matter was taken up on 22.11.2013, learned Standing Counsel expressed his inability to assist the Court since respondent no. 3 did not even attempted to talk to him and, therefore, he could not receive any instructions. In these circumstances, this Court required respondent no. 3 to appear before it on 04.12.2013 and explain as to why petitioner has not been relieved.
5. The respondent no. 3 did not appear on 04.12.2013 and instead one Sri J.P. Singh, Deputy Superintendent of Police, Sadar, Kushinagar filed his affidavit stating that due to tour programme of Chief Minister at Kushinagar on 04.12.2013, the respondent no. 3 is not able to come at Allahabad and sought three days time to comply the Court's order dated 22.11.2013. He also stated that after receiving Court's order dated 22.11.2013, petitioner has immediately been relieved on the same day, i.e., on 22.11.2013.
6. The matter was adjourned to 09.12.2013 when Sri Lalit Kumar Singh, Superintendent of Police, Kushinagar appeared and filed his personal affidavit. He said that commencing from August, an important and sensitive festival "Dol Mela" is celebrated in District Kushinagar for a period of two months. In the entire district there are 18 Police Stations wherein only 22 lady Constables are posted and, therefore, for maintaining law and order, during aforesaid festival season, and also in the forthcoming festivals of Id-ul-Fiter, Durgapooja, Id-ul-Juha, Chhatha, Moharram etc., she could not be relieved. He also stated that Telephone Attendant in his office, who did not connect Standing Counsel's call with respondent no. 3, has shown an act of dereliction of duty and negligence, hence he has been removed from the duty of Telephone Attendant and sent to Police Line. However, after receiving Standing Counsel's telephone, conveying this Court's order dated 22.11.2013, on the same date, petitioner has been relieved and sent to District Sant Kabir Nagar.
7. Technically with the relieving of petitioner this petition has rendered infructuous but not only the present case but experience of this Court, sitting in present jurisdiction "Single Judge Service", has shown that for extremely petty matters, like non-relieving of officials transferred long back; non-sending of last pay certificate, service book; delay in payment of retiral dues etc., this Court is flooded with a large number of cases though such type of cases ought not to have come to this Court if Government officials holding position of responsibility show the sense of devotion and concern to their duties, by attending lawful demand of their serving and retired officials with reasonable expeditiousness. Most of the cases coming to Court, are not on account of alleged positive wrong, but complaining against inaction, i.e., dereliction of duty, apathy and insensitiveness on the part of superior officials. The Government officials' indecisiveness and lack of will to perform duties in a reasonable expeditious manner is burdening already burdened Court, taking substantial time only in attending such petty matters where instead of deciding serious issues, the Court's time is consumed in breaking slumber of officials and asking why they are not discharging their duties earnestly.
8. Interestingly these cases ultimately and mostly stand disposed of as infructuous but not without taking half and more dozens dates wasting substantial time of the Court. Most of the time is taken by learned Standing Counsel, firstly to seek instructions and/or file counter affidavit, and the ultimate response when comes from the officer concerned is that now the complaint of petitioners has been attended and their grievance having been met, therefore, the matter has rendered infructuous. This is nothing but avoidable litigation which in normal circumstances should not have come to this Court. In other words avoidable litigation in bulk is unnecessarily burdening this Court and this is only on account of the attitude of inaction and lingering something which otherwise the official is under an obligation to immediately perform. If the Government officials without anything more attempt their duties with due devotion, honesty and expeditiousness, not only it would result in reducing dissatisfaction amongst the subordinate officials and public at large but will also percolate a massage of due governance, besides reducing the burden of this Court. The time saved can better be utilized for other matters of substance and serious issues. It is high time when the top officials/Government should pay attention on effective monitoring of the entire system so that these kind of cases may not come to the Court.
9. Let a copy of this order be sent to the Chief Secretary, U.P. Government, Lucknow for information and necessary action in the light of above observations.
10. The writ petition, since has rendered infructuous, is dismissed accordingly, subject to above directions/observations.
Order Date :- 09.12.2013
AK
