The Allahabad High Court has issued a showcause notice to Durga Shanker Mishra, Chief Secretary, Government of Uttar Pradesh, for making false statements in the court and asked why contempt proceedings should not be initiated against her.
The Division Bench of Chief Justice Rajesh Bindal and Justice J.J Munir heard a PIL filed by one Ravindra Kumar.
The case was listed on December 19, 2022 when the Court passed following order:
(1) In the petition filed in public interest the issue raised is regarding action taken on the basis of a report submitted by Commissioner Meerut Division, Meerut on May 18, 2011 regarding illegalities committed in the working of Ghaziabad Development Authority.
(2) In the last more than a decade even a counter affidavit has not been filed.
(3) Adjourned to December 22, 2022.
It is submitted that for proper assistance of the State Law Officers, instructions were issued on July 8, 2022 appointing Nodal Officers in different Departments of the State. These Nodal Officers are at the level of Special Secretary or above. The State Law Officers have to coordinate with the Nodal Officers so appointed and thereafter it is his duty to coordinate with any of the offices in his Department, may be at district level, to collect information and furnish the same to the State Counsel.
When the case was taken up for hearing, in which no counter affidavit has been filed for the last more than a decade, counsel for the State submitted that till date, despite communications, no instructions have been received. The communication was sent to the Additional Chief Secretary (Housing and Urban Planning), U.P, Lucknow. Though Nodal Officers have been appointed in some departments, but not in all departments in the State. No list has been provided in the Office of the Advocate General and the Chief Standing Counsel, the Court noted.
The aforesaid statement made by the counsel appearing on behalf of the State shows that the Chief Secretary, when he appeared in Court on December 22, 2022, had misstated the facts before the Court, the Court observed.
“Let an affidavit be called from the Chief Secretary to show-cause as to why proceedings for contempt be not initiated against him for making a false statement before the Court”, the order reads.
The Court has fixed the next hearing of the petition on January 16, 2023.