State can’t override order: Hyderabad High Court
Ban political leaders from naming beneficiaries
By : DC Correspondent
Update: 2014-12-17 07:10 GMT
Hyderabad: Justice B. Chandra Kumar of the Hyderabad HC ruled that the authorities have no power to examine the merits and demerits of a court order and it was their bounden duty to implement it.
The judge made this ruling in a contempt case by one Linga Ranjith Kumar of Nizamabad district. He had moved the court challenging rejection of his application for employment under a scheme introduced in Aug. 1996 to provide a job to a family member of any person killed in extremist violence or in police firing. The authorities rejected his application except for recording that the date of death of his father was after Feb. 26, 1996.
The judge set aside the rejection order in April 2013, holding that there was nothing on record to show that the scheme was not applicable in the cases where a person was killed on Jan. 25, 1999. The judge directed the authorities to consider the case of the petitioner and pass appropriate orders expeditiously.
As authorities failed to consider his plea, the petitioner moved a contempt case. During the hearing of the case, government pleader submitted that the district collector addressed a letter stating that the government has taken a decision to offer amount of '5 lakh as ex-gratia to the petitioner in lieu of a job.
The judge pointed out that the government and the authorities have no right to override the orders passed by the court. “When an order has been passed by this Court, it is the bounden duty of the respondents to implement the orders of the Court.
After receiving the orders and in the process of implementing the order they cannot reopen the matter and start examining the matter afresh.” The judge made it clear that only a division bench of the court or the Apex court can decide that. The judge posted the matter to December 23.
HC: Explain selection of beneficiaries:
A division bench comprising Chief Justice Kalyan Jyoti Sengupta and Justice P.V. Sanjay Kumar of the Hyderabad HC directed the AP government to explain how the ‘Social workers’ are being identified by the local minister to be part of mandal and municipal level screening committees for selection of eligible beneficiaries to avail loans under the Scheduled Caste Action Plan for 2014-15.
The petition was filed by T. Tulasamma and others of Kadapa district challenging action of the authorities in accommodating the persons who are defeated in the elections in mandal and municipal level screening cum selection committee to select eligible beneficiaries under the scheme.
The petitioners alleged that under the guise of social worker persons from ruling party who lost in the elections are being given the main role in the screening committees. No public representative of any political party should intervene in selection of beneficiaries scheme said the bench.