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Judgment
Rajiv Sharma, J.—Heard the learned Counsel for the Applicants and learned Chief Standing Counsel and perused the record.
It has been submitted by Shri Sunil Sharma, the learned Counsel for the Applicant that a Bunch of writ petitions have been decided by this Court by means of order and Judgment dated 24.01.2011 which is under review in this petition, has been passed on the basis of the consent given by the learned Counsel for the parties but he submits that no such consent was given by him, thus, there appears an apparent factual error in the said judgment. It is to be noted that while dictating order in open Court in the Bunch of the writ petitions, suggestions were made by the learned Counsel for the parties for relegating the matter to the State Government as there were contradictions in the orders passed by the appellate authority with regard to the allocation of the sugarcane from the cane centers and also for change of the appellate authority and as such the Chief Secretary of the State of U.P. was directed to allot the work of the appeals arising out of the orders passed by the Cane Commissioners in exercise of the powers u/s 15 of the U.P. Sugarcane (Regulation of Supply and Purchase), Act 1953, Rule 22 of the U.P. Sugarcane (Regulation of Supply and Purchase) Rules, 1954 and Sub-rule 6(1) (a) of Sugar Cane Control Order, 1966 to any judicial officer working in the Civil Secretariat and accordingly the orders were passed. However, in the instant application, it has been contested that no such consent has been given by the counsel of the Applicant''s sugar mill and as such there is an apparent factual error in the judgment. Accordingly I, recall the order and judgment dated 24.01.2011 passed in Writ Petition No. 257 (MS) of 2011.
It has been informed at the Bar that the aforesaid order and judgment passed in the Bunch of the writ petitions has been assailed by the State of U.P. in Special Appeal No. 55 of 2011, State of U.P. v. Mawana Sugar Mill Limited and the Division Bench of this Court vide order dated 11.02.2011 as an interim measure has provided that the appeals under the order passed by the learned Single Judge shall not be transferred to L.R./Joint L.R. but the pending appeals before the State Government, which were not the subject matter of any of the writ petitions filed before this Court, shall be decided by the Officers, so newly authorised by the State Government, subject to further orders of the Court.
The Division Bench in the special appeal after accepting suggestions of the Appellant namely; Addl. Advocate General Shri Jaideep Narain Mathur that the present officer would not be any more deciding the appeal but authorisation of other incumbent would be made for the purpose and at the moment two officers would be appointed/authorised to decide the appeals, henceforth.
It has been informed by the learned Addl. Chief Standing Counsel that in compliance of the order dated 11.02.2011 passed in Special Appeal No. 82 of 2011 Mr. Subhash Chandra Trivedi has been transferred within 24 hours and in his place, the Managing Director, Sugar Corporation, namely, Shri Vinay Priya Dubey, Special Secretary in addition to its original charge has been entrusted to decide the appeal alongwith Shri Vijay Kumar Tiwari, Joint Secretary. The said order was passed as late as 24.02.2011 .
It has been informed by the learned Counsel for the Applicant that even though considerable time has elapsed but till date neither any notice has been issued for hearing of the appeal nor any appeal has been decided after passing of the judgment and order dated 24.01.2011 in the Bunch of the writ petitions or even after the orders passed by the Division Bench in Special Appeal No. 82 of 2011 and as such this Court had summoned the Chief Secretary, State of U.P. and Shri Sanjay Agarwal, Principal Secretary, Department of Sugar Industries and Cane Development, Lucknow to appear in person on 28.02.2011 vide order dated 25.02.2011. When the case was listed on 25.02.2011, the same was adjourned as the Advocates were abstaining from judicial work and the case was directed to be listed on 28.02.2011. On 28.02.2011 it was informed that the Advocates are abstaining from judicial work. However, learned Additional Advocate General informed that the order and judgment dated 24.01.2011 which has also been passed in the Bunch of the writ petitions including the writ petition of the Applicant which is under review, the Special Appeal has already been preferred which has been numbered as 82 of 2011 and he submits that the same was listed on 28.02.2011 but as the Advocates were abstaining from judicial work, a request was made that the matter be adjourned for tomorrow and accordingly vide order dated 28.02.2011 the matter was adjourned and directed to be listed on 01.03.2011.
It was also directed that the Chief Secretary, State of U.P. and Shri Sanjay Agarwal, Principal Secretary, Department of Sugar Industries and Cane Development, Lucknow shall appear in person as already directed vide order dated 25.02.2011. When the case was taken up at 2.00 P.M. on 01.03.2011, it has been informed by the learned Chief Standing Counsel that the orders have been passed in the Special Appeal and the personal appearance of the officers has been exempted but the copy of such order was not placed before this Court but however, the learned Chief Standing Counsel was directed to place the copy of the orders as and when the case is next listed. The State of U.P. while transferring the appellate authority themselves have realised that the appellate orders were not passed in a judicious manner and they themselves have admitted in the special appeals by doing so and changing the appellate authorities but no such explanation has been given as to why the Managing Director of the Sugar Corporation, which owns several sugar factories has been entrusted to decide the appeal which arises out of the reservation orders passed by the Cane Commissioner under the Act.
Learned Chief Standing Counsel also fails to show as to how Shri Vijay Kumar Tiwari, Joint Secretary who is lower in rank as well as in status to that of the Cane Commissioner, can be appointed as an appellate authority and how he will differ with the orders passed by the senior officers. At the same time, I would like to add that a time has now come when the Collectors/Commissioners/Secretaries working in Civil Secretariat, who all are Members of the Civil Services have to make effort to regain the confidence of the public and the past glory, which they are losing day by day.
They should make endeavour to preserve its stature, respect and regards, which they were enjoying decades ago. For the uncalled action on the part of a few, who have aligned themselves with political parties and making decision to please their bosses keeping law in a locked cupboard has resulted in exploitation of all. In running the administration of the country they should not be cowed down and have full confidence in their own existence so that its decision making process is not, any way affected. They must feel independent and keep themselves in excellent frame of mind and should not be hesitant even in taking bold decision which they have to take in the interest of administration.
Under these circumstances, let a personal affidavit be filed by the Chief Secretary, State of U.P. as well as Shri Sanjay Agarwal, Principal Secretary, Department of Sugar Industries and Cane Development, Lucknow as to how the officers of the State are working in such an arbitrary manner. The required personal affidavit be filed by 07.03.2011. List/put up this matter on 08.03.2011.