SURAJ BHAN SINGH Vs. COLLECTOR

JUDGEMENT

(1.) Compliance affidavit sworn by Sri G.S. Priyadarshi, Secretary, Revenue, Government of U.P. Lucknow has been filed. A perusal of alleged compliance reports shows in substance that as per S.I.T. report, no body could be identified in the Department who was indulged in fraud and misrepresentation and possession of State land by individual in collusion with the authorities and officials of the Government and, therefore, no action against any Government Officials can be taken. Land concerned has subsequently been restored to Nagar Nigam and Gram Sabha. It clearly indicates that a case of fraud, involving huge Government land has been found and it is also evident from record that the same could be made possible due to connivance and collusion of officials of the Government but on the pretext that the record has been weeded out and it is not possible to ascertain as to who is responsible, the inquiry ordered by this Court against individual officials is not possible. Alleged compliance affidavit sworn by Sri G.S. Priyadarshi, Secretary, Revenue, Government of U.P. Lucknow is in fact nothing but a serious endeavour to brush up the matter.

(2.) It is really surprising that S.I.T. on higher level was constituted and that has also failed to nab responsible person and no effective and appropriate proceedings have been initiated against him / them. Overall result is that State Authorities, in our view, not fair and serious to penalize its officials who were indulged in fraud and misrepresentation so as to allow State land to be occupied, possessed and acquired by individual miscreants. Despite indulgence granted by this Court, every attempt has been made in the matter to see bureaucratic burial of the entire matter by taking all possible excuses, like non-ascertainment of identity of responsible officer/officials or record either weeded out or not traceable or for any other reason.

(3.) A Government which is expected to function with zero tolerance in the matter of corruption on the part of Government Officials has not shown its real intention to do so in the present matter. Looking to the manner in which things have been responded i.e. casually and without any sense of accountability, a critical situation has been created, wherein by means of alleged compliance affidavit, virtually, it has been stated on oath by a responsible officer holding Office of Secretary, Revenue that no effective action is possible against erring officer of the Government to make him / them accountable. This shows the level of connivance and collusion with which present officers are working. It may be that present day officers may not be directly in hands in gloves with their such erring counter part, but there appears a mutual attempt of protection to each other and all efforts made by this Court have been rendered futile. On the contrary, an attempt has been made by creating a situation in which there is total surrender.