Allowed

Ajeet Singh and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical,Health and Family Welfare Lko. and 2 Others

Allahabad HC27 Sept 2024WPIL/726/2024

Case brief

AI extract

What is this about?

The court censured the State of UP for failing to file a para-wise reply in a PIL despite multiple notices. It held that virtual appearance was not a substitute for compliance. Consequently, a cost of Rs. 11,000 was imposed on the State.

What did the court decide?

Cost of Rs. 11,000 imposed on the State to be deposited before the Mediation and Conciliation Centre.

Ajeet Singh and 3 Others vs State of U.P… — Public Procurement and Tenders | Allahabad HC (2024)

¶1

Court No. - 1

¶2

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 726 of 2024

¶3

Petitioner :- Ajeet Singh And 3 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Medical,Health And Family Welfare Lko. And 2 Others Counsel for Petitioner :- Vineet Kumar Pandey,Dharmendra Singh,Pradeep Kumar Tiwari

¶4

Counsel for Respondent :- C.S.C.,Brijesh Kumar Singh

¶5

Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.

¶6

In compliance of this Court's Order dated 27.09.2024, the Joint Secretary, Department of Medical & Health Services, Lucknow is virtually present.

¶7

On the last date of listing, the following order was passed by this Court on 27.09.2024:-

¶8

"1. In spite of the order dated 29.08.2024 parawise reply to the petition has not been filed by the opposite parties. Last opportunity is given to the opposite parties in this regard.

¶9

2. List this matter on 23.10.2024.

¶10

3. In the event affidavit as required is not filed by 22.10.2024, then, a Gazetted Officer in the Office of opposite party no. 1 not below the rank of Joint Secretary shall join these proceedings through video conferencing on the next date.

¶11

4. Office shall provide necessary link."

¶12

A perusal of the aforesaid order indicates that on account of non-filing of para-wise reply by the opposite parties, last opportunity was granted to the opposite parties to file it by 22.10.2024. In case of default, an officer not below the rank of Joint Secretary was directed to be present through virtual mode.

¶13

The appearance through virtual mode of the officer as mentioned was an indication of urgency to file para-wise reply but not the substitute. Time for filing a reply was granted twice i.e., on 29.08.2024 and on 27.09.2024. Failure to file para-wise reply to the writ petition reflects irresponsible attitude of the government authorities. Mere appearance of the officer does not cure or help the order passed by this Court in letter and spirit. Non-cooperation in the Court

¶14

proceedings by the departmental authorities cannot be viewed seriously and it is a fit case where cost of Rs.11,000/- be imposed upon the State who has failed to cooperate with the Court proceedings. The cost so imposed shall be deposited before the Mediation and Conciliation Centre of this Court before the next date of listing.

¶15

5. List in the week commencing 18.11.2024 as fresh.

¶16

(Subhash Vidyarthi, J.) (Attau Rahman Masoodi, J.)

¶17

Order Date :- 23.10.2024 akhilesh/-

¶18

Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ajeet Singh and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical,Health and Family Welfare Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Ajeet Singh and 3 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Medical,Health and Family Welfare Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Priyanka Aditi and 2 Others vs State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 2 Others

Executive Director Retail and Sales Indian Oil Co. Ltd. and 2 Others vs M/S Mishra Automobiles Thru. Jagdish Mishra and 2 Others

State of U.P. Thru. Prin. Secy. Deptt. of Higher Education Lko and 2 Others vs Vimlesh Kumar Jaiswal and 2 Others

U.P.Anusuchit Jati Prathmik Vidyalay Shikshak Asstt. Lko Thru.Gen.Secy.Ramanand Vishwakarma and Anr. vs State of U.P. Thru. Prin. Secy. Basic Education Civil Secrt. Lko. and Others

Moti Lal Yadav vs Union of India Thru. Secy., Ministry of Commerce and Industry, New Delhi and 4 Others

Umesh Chandra Lodhi vs State of U.P. Thru Addl. Chief Secy. Deptt. of Environment Lko and Ors.