New Delhi (21.04.2023): The Supreme Court ordered release of two IAS officers of Uttar Pradesh Cadre-- SMA Rizvi (IAS: 2006: UP) and special secretary (finance) Sarayu Prasad Mishra -- after they were taken into custody on an order of the Allahabad High Court over non-compliance with an HC decision to provide facilities for retired judges. The SC also stayed the order of the HC by which bailable warrants were issued to the chief secretary and additional chief secretary.
The Uttar Pradesh government led by additional solicitor general (ASG) KM Nataraj urged the Court for immediate orders as the two officers were still in custody. Moreover, the ASG pointed out that the orders were passed in a writ petition filed by the association of retired Supreme Court and high court judges.
The top court directed the Supreme Court registrar to communicate the order telephonically to the registrar general of the Allahabad high court for immediate compliance. The division bench of the HC had on April 4, 2023 passed directions to the state to implement a rule that will provide facilities to retired judges. This included a provision of domestic help/s to retired judges. As the state failed to provide the same, the Court issued show cause notices of contempt against the chief secretary and additional chief secretary ordering arrest of the two officers of the state present in Court.
ASG told the Court that the issue on which HC required compliance from the state was a finance-related matter which required Governor’s concurrence too. The state filed an affidavit in HC earlier this week informing that a proposal with regard to benefits to retired judges had been forwarded by the law department to the finance department.
The HC accused the state of suppressing facts and misleading the Court as the affidavit did not disclose reasons for not approving the proposal seeking perks for retired judges.
