Two IAS officers, Secretary (Finance) Shahid Manzar Abbas Rizvi and Special Secretary (Finance) Sarayu Prasad Mishra, were arrested on Wednesday for failing to comply with an Allahabad High Court order issued on April 4, which directed them to implement a proposed rule within a week to provide facilities to retired High Court judges in the State.
The officers were found guilty of contempt of court for disobeying the High Court’s directive. However, the Supreme Court stayed their arrest on Thursday after the officers filed an appeal against the High Court’s order.
The bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha issued a notice demanding the immediate release of the two officers.
“Issue notice. Till next date of listing, there shall be stay of the orders of the division bench of the High Court dated April 4 and April 19. Officers of Uttar Pradesh government shall be released forthwith,” the bench ordered.
In the challenged orders, a Division Bench of Justices Suneet Kumar and Rajendra Kumar-IV noted that the officials had committed contempt of court by concealing material facts.
Thus, it ordered, “Accordingly, officers present in the Court, namely, Shri Shahid Manzar Abbas Rizvi, Secretary (Finance) U.P. Lucknow and Shri Sarayu Prasad Mishra, Special Secretary (Finance) are taken into custody. They shall be produced before the Court tomorrow, i.e., 20 April 2023, at 11:00 am for framing of charge. Issue bailable warrants to Chief Secretary, Uttar Pradesh, Lucknow, and Dr. Prashant Trivedi, Additional Chief Secretary (Finance) U.P. Lucknow, through the concerned Chief Judicial Magistrate, to ensure their presence before this Court on 20 April 2023.”
The Allahabad High Court issued directives on April 4, while hearing a petition filed by the Association of Retired Supreme Court and High Court Judges and another petitioner, ordering the State to implement a proposed rule to expand facilities for retired High Court judges.
The Court also directed that a previous government order issued on July 3, 2018, which requested the finance department to approve the proposal, be voided. However, in an affidavit submitted on April 18, the State informed the High Court that the April 4 order had not been implemented.
The court expressed serious concern about the non-compliance and observed that the finance department officers’ approach indicated that they were unwilling to comply with the court’s order without a valid reason.
