Courts Update Allahabad High Court raps Centre for not appearing in...

Allahabad High Court raps Centre for not appearing in case despite two notices


Allahabad Sept 11(ILNS): The Allahabad High Court on Thursday said that in the cases in which the Central Government is a party in the High Court, there is no lobbying on behalf of the Central Government. Also, we are sad to say that despite being given time, the advocates of the central government are not appearing to represent the government in these cases.

The Division Bench comprised of Justice Dr. Kaushal Jayendra Thaker and Justice Subhash Chand passed this order while hearing a petition filed by Shamim Begum.

In this case, the allegations against the petitioner were that she took HRA ( House rent allowance) benefit despite being an allottee of a Governmental resident, and therefore certain benefits had been stopped as a penalty by the Union of India following departmental proceedings.

Vibhu Rai, Counsel for the Petitioner said that the action was taken by holding the petitioner guilty of wrongful payment of HRA. The petition against this was dismissed by the Central Administrative Tribunal, which was challenged in the High Court.

The Court had directed the central government to file a reply in this matter. But even after the lapse of two dates of hearing, neither the reply was filed by the Center nor any advocate appeared to present the side of the Central Government.

The Court stated that, even on the last occasion before the earlier Bench, none has appeared for the Union of India. We are really pained that the matter of the Union of India remains unattended. Counter affidavit has not been filed despite enough time being granted from February 2021 till date.

“Let a fresh notice be sent to Additional Solicitor General of India, as it appears that in the State of Uttar Pradesh Union of India is not being represented properly despite our request being made to the Assistant Solicitor General of India just two days before and none has turned up though assured us that some counsel would remain present to assist the Court on behalf of Union of India but we are pained to mention that no counsel for Union of India is present in the matter”, the Court observed.

The Court has fixed the next hearing of the petition on September 22./ILNS/AP/SNG


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