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The Supreme Court connected Thursday (June 11, 2026) stayed an Allahabad High Court bid containing adverse remarks against elder IAS serviceman Sanjay Prasad, Additional Chief Secretary to the Uttar Pradesh government, and directing the Department of Personnel and Training (DoPT) to analyse his suitability for aboriginal assignments by the Appointments Committee of the Cabinet.
A Bench of Justices Prashant Kumar Mishra and Atul S. Chandurkar passed the interim bid portion issuing announcement connected a plea filed by Mr. Prasad challenging the findings and directions issued by the High Court successful its June 3 ruling.
“Issue notice, returnable successful 10 weeks. In the meanwhile, directions issued by the High Court nether the impugned bid shall stay stayed,” the Bench said.
The High Court was proceeding a habeas corpus petition filed by Jhansi nonmigratory Megha Raikwar seeking the betterment of her 15-year-old girl from the alleged amerciable custody of the respondent.
During the proceedings, the tribunal was informed that a First Information Report had been registered and a chargesheet filed. Ms. Raikwar, however, contended that the probe had failed to place the “real” accused and that the chargesheet was filed mostly connected the ground of statements made by the accused persons themselves.
‘Directions not followed’
The High Court subsequently recovered that the chargesheet had not been filed successful compliance with the directions issued successful its judgement successful Subhash Chandra & Others v. State of Uttar Pradesh, which laid down elaborate guidelines to guarantee that transgression investigations are just and legally sustainable. It truthful called for an mentation from the Home Department.
In its affidavit, the State authorities informed the High Court that it intended to situation the Subhash Chandra judgement earlier the Supreme Court and requested that nary further adverse orders beryllium passed until the projected entreaty was filed.
The tribunal accordingly deferred the substance and awaited an update connected the projected challenge. However, contempt the transition of much than 3 months since the affidavit was filed and implicit a twelvemonth since the Subhash Chandra judgement was delivered, the State had yet to attack the Supreme Court.
Taking objection to the delay, Justice Vinod Diwakar observed that the projected entreaty was being utilized to warrant inaction connected the implementation of the court’s directions, contempt nary situation having been filed earlier the Supreme Court for implicit a year.
In its order, the High Court observed that “unbridled” and “unchecked” discretion vested successful civilian servants undermines the regularisation of instrumentality and weakens accountability successful nationalist administration.
“Superior officers indispensable beryllium held accountable for the behaviour and show of their subordinates arsenic it is their nonrecreational and administrative work to guarantee effectual transportation of nationalist services,” the tribunal said. It added that specified work could besides widen to incurring transgression liability wherever a nonaccomplishment to forestall oregon code misconduct by subordinates results successful offences specified arsenic corruption, fraud oregon contempt of lawful orders.
The High Court further recommended that the DoPT germinate a doctrine of “superior responsibility” to clasp elder officers accountable for failing to forestall oregon enactment against misconduct by subordinates. It besides directed that the substance beryllium placed earlier the Appointments Committee of the Cabinet to analyse Mr. Prasad’s suitability for aboriginal assignments.
In his plea challenging the bid earlier the apical court, Mr. Prasad submitted that the High Court had gone beyond the alleviation sought successful the petition and made adverse remarks against him without immoderate ground oregon justification.
