Allahabad High Court Orders Investigation Into Alleged Misuse Of Government Position In Jhansi

The Allahabad High Court has directed the Uttar Pradesh government to investigate allegations of misuse of the Assistant District Government Advocate position in Jhansi.

The case involves claims that the official misused their position to file a First Information Report (FIR) under the SC/ST Act, 1989, and to demand compensation under the Act.

The petitioners, Lalita Yadav, currently the District Social Welfare Officer in Jhansi, and a former officer who previously held the same position, have challenged an FIR filed against them under the Indian Penal Code and the SC/ST Act.

Insights

The FIR alleges that the petitioners only distributed a portion of the compensation mandated by the Act and unlawfully withheld the rest.

The petitioners argued that the complainant had repeatedly filed false criminal cases to receive compensation under the welfare scheme.

They claimed that evidence shows the complainant received approximately Rs 21 lakh but alleged that the amount taken to file complaints against various individuals was Rs 27 lakh.

They argued that they were not responsible for disbursing compensation. One petitioner was not in Jhansi at the time. Although the other petitioner was present, a four-member committee approved the distribution.

Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal noted that, prima facie, the case appeared to be a clear instance of misuse of the ADGC (Criminal) position.

However, no final conclusions were drawn, and the court deemed it appropriate for the matter to be personally overseen by the Secretary of Home, Uttar Pradesh, who should issue appropriate directions and inform the court of the actions taken.

The court observed that the complainant had filed 12 FIRs between 2014 and 2023, receiving compensation in 9 of those cases.

Given the seriousness of the allegations, the court emphasized the need for state intervention.

Meanwhile, it instructed the District Magistrate and Senior Superintendent of Police in Jhansi to review the entire record and take appropriate action.

The High Court directed the filing of a detailed affidavit outlining the actions taken.

The court will hear the case again on 21 October 2024.

Meanwhile, the court has granted interim protection to the petitioners against arrest.

Also Read: Allahabad High Court Cancels Notice Under Section 111 Of CrPC In Banda Case