NBW against Ballia DM

HC IRE : officials,including an SDM,tehsildar,were not present in court

Written by Express News Service | Allahabad | Published:August 15, 2013 4:39 am

The Allahabad High Court Wednesday issued non-bailable warrants (NBW) against District Magistrate of Ballia and two other officials for not being present in the court and producing documents related to the transfer of a lekhpal in the district.

The court has fixed September 2 as the next date of hearing in the matter.

The order,passed by a single judge bench of Justice Sudhir Agrawal,came a day after the same bench had ordered the arrest of director of Animal Husbandry when he failed to produce the required documents relating to transfer of an accountant in Gorakhpur. The director,who was taken in judicial custody,was later released on bail in the evening.

Hearing the petition filed by lekhpal Ashok Kumar,the bench said: “Despite the court’s order dated August 6,2013,respondent Numbers 2 (DM,Ballia),3 (sub-divisional magistrate,Belthara Road) and 4 (tehsildar,Belthara Road),neither appeared before this court nor relevant record was produced. Let non-bailable warrants be issued to respondents so as to ensure their presence before the court on September 2.”

The court also noted that,during an earlier hearing,the officials had submitted “some loose sheets without numbering” in the name of submitting transfer-related records.

The order would be executed through the Chief Judicial Magistrate,who would ensure that the respondents are made to appear before this court in judicial custody on the due date,the court said.

Petitioner Ashok Kumar had been posted as lekhpal for the last couple of months in Belthara Road tehsil after the post fell vacant last year,following the transfer of the then incumbent Zainuddin (who is respondent No. 5 in the petition).

“Respondent No. 5 was transferred from Belthara Road to Sikanderpur tehsil on the grounds that he had been posted at one place for the past 15 years. He had also approached the high court against his transfer. But his plea was rejected,” said Alok Kumar Yadav,counsel for the petitioner.

Zainuddin took new posting in December 2012.

However,in July this year,Zainuddin returned to Belthara Road,while Ashok Kumar was put in the waiting list. “We then approached the high court on the ground that the senior district officials were acting due to extraneous considerations. Our prayer was that my client should be restored in his new posting,” said Yadav.

On Tuesday,the court was irked when the Director of Animal Husbandry did not produce transfer-related documents in connection with another matter.

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