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Case :- WRIT - A No. - 11291 of 2024 Petitioner :- Anil Kumar Singh Respondent :- State Pf U.P. Thru. Prin. Secy. Home Affairs U.P. Lko. And 2 Others Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 11301 of 2024 Petitioner :- Balwant Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko And 2 Others Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 11310 of 2024 Petitioner :- Fajaley Haque Usmani Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Govt. Lko. And 2 Others Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 11312 of 2024 Petitioner :- Jainath Pandit Respondent :- State Of U.P. Thru. Prin. Secy. Home Affairs Lko And 2 Others Counsel for Petitioner :- Deepak Singh,Manish Kumar Srivastava Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 12080 of 2024 Petitioner :- Surya Mani Dubey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Petitioner :- Om Prakash Misra Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 12367 of 2024 Petitioner :- Ramkishor Prasad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 2 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 12733 of 2024 Petitioner :- Mahesh Kumar Tiwari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ajit Singh Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 473 of 2025 Petitioner :- Mohd. Naushad Khan Pno 952701156 And 11 Others Respondent :- State Of U.P. Thru. Its Secy. Home Lko. And 2 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 553 of 2025 Petitioner :- Har Prasad Ahirwar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Dinesh Kumar Singh (D.K.Singh) Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 554 of 2025 Petitioner :- Mohd. Alam Ansari (Pno 952920207) Respondent :- State Of U.P. Thru. Secy. Home Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 695 of 2025 Petitioner :- Ijhar Ahmad Kha Pno 952110765 Respondent :- State Of U.P. Thru. Prin. Secy. Home Police Deptt. Lko. And 3 Others Counsel for Petitioner :- Mohd. Nasir,Mohd. Yasir,Rahul Kumar Srivastava Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 730 of 2025 Petitioner :- Uday Pratap Yadav Pno 840560779 Respondent :- State Of U.P. Thru. Its Prin. Secy. Home Lko. And 2 Others Counsel for Petitioner :- Gyanendra Nath Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 798 of 2025 Petitioner :- Ex S1 (M) Vijay Laxmi Sharma P.No 975011777 Respondent :- State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And 3 Others Counsel for Petitioner :- Sudhir Kumar Misra Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 806 of 2025 Petitioner :- Smt. Sushila Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Finance U.P. Lko. And 3 Others Counsel for Petitioner :- Atul Kumar,Pushpendra Chauhan Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 821 of 2025 Petitioner :- Muti Ahmad Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Farooq Ayoob,Mansi Gupta Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 860 of 2025 Petitioner :- Shyam Bali Yadav Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1006 of 2025 Petitioner :- Gyan Singh @ Gyan Singh Rathor Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko And 3 Others Counsel for Petitioner :- Krishna Kumar Singh Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1102 of 2025 Petitioner :- Kuldeep Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others Counsel for Petitioner :- Anshu Singh,Km.Pratibha Vaish Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1105 of 2025 Petitioner :- Ummay Salma Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Petitioner :- Deepak Singh Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1117 of 2025 Petitioner :- Bubban Husain Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko And 2 Others Counsel for Petitioner :- Ram Charitra Pandey,Shashank Pandey Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1190 of 2025 Petitioner :- Shiv Bahadur Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Home And 3 Others Counsel for Petitioner :- Pankaj Pandey Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1454 of 2025 Petitioner :- Javed Ahmad Khan And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home And 2 Others Counsel for Petitioner :- Farooq Ayoob,Pankaj Pandey Counsel for Respondent :- C.S.C. With Case :- WRIT - A No. - 1672 of 2025 Petitioner :- Heera Lal Gupta P. No 922460555 Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 4 Others Counsel for Petitioner :- Brijesh Kumar Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.

1. In pursuance of earlier order dated 22.01.2025 passed in WRIT - A No. - 11575 of 2024, Shri Vaibhav Srivastava, Secretary, (Home), Govt. of U.P., Lucknow, Shri Ashok Kumar Singh, Finance Controller, Police Headquarter and Shri Sanjay Prasad, Additional Chief Secretary, (Home), Govt. of U.P., Lucknow (through video conferencing) are present before this Court.

2. Heard Shri M.P. Raju, learned counsel for the petitioners and Shri Vinod Kumar Sahi, Additional Advocate General assisted by Shri Sandeep Sharma, learned Standing Counsel.

3. It has been submitted that the State has taken cognizance of the situation which has been pointed out in the previous orders of this Court pertaining to the payment of excess amount of salary and other service benefits to certain police officials. It has further been submitted that as per the preliminary scrutiny done by the State, and it has been found out that there are large number of persons who have received such undue benefits, to which, they were not legally entitled. It has also been submitted that to prevent any such wrong fixation, a Government order has been issued on 10.02.2025, from which, it is evident that the State Government is also taking cognizance of the deep problem which has been highlighted in the present case.

4. The Finance Controller, Police Establishment, has submitted that it was pointed out that the entire procedure of fixation of salary and granting them other higher service benefits is duly approved by the Finance Officers at district level and ultimately the responsibility vests with the Finance Department, which is headed by the Finance Controller.

5. In reply to the query raised by the Court, it has been informed that 246 posts of Finance/Accounts Officer are to be created in the State of UP which shall come a long way to ameliorate the present crisis. Prima facie, the role of Finance Department and other officials responsible for determining grant of higher salary/allowances deserve closer scrutiny to establish the systematic pattern of disbursement of higher allowances only to certain persons.

6. After perusal of the documents as well as hearing the learned counsels, this Court is of the opinion that not much has been done to fix the responsibility pertaining to the grant of financial benefits. This court has been assured by all the officers present that sincere efforts are being made to determine the persons who are taking advantage of their positions in fixing incorrect fixation of financial benefits to the petitioner and other similarly situated persons and it shall be informed about the outcome after examining all the documents. In this regard, it has been submitted that the respondents would be proceeding to examine a few cases as test cases to find out, at what point, the problem has occurred and also inform this Court, as to how, they wish to proceed in the matter and fix responsibility of the person responsible for the same, as ultimately any unauthorized/illegal pilferage of State funds cannot be permitted and it is the bounden duty of all concerned to immediately plug the loophole .

7. For the aforesaid purpose, 10 days' time is granted to the respondents.

8. List this case on 03.03.2025 within top 10 cases.

9. On the next date, on the basis of material produced before the Court, it will be determined whether the inquiry be permitted to be conducted by the department itself or any specialized agency/independent agency is required to unearth the huge scam and to stem the unchecked flow of Government funds in the hands of Police Officials, keeping in mind that nearly 2 years time has lapsed when this issue was brought to the knowledge of the respondents by this Court.

10. Interim order, if any, shall continue till the next date of listing and there shall be no recovery made in pursuance of the said order in all connected cases.

11. The presence of Shri Sanjay Prasad, Additional Chief Secretary, (Home), Govt. of U.P., Lucknow is hereby dispensed with. All the other officers present today as well as one senior officer from the Police Headquarter shall remain present before this Court on the next date. Order Date :- 13.2.2025 V. Sinha (Alok Mathur,J.)

2. Heard Shri M.P. Raju, learned counsel for the petitioners and Shri Vinod Kumar Sahi, Additional Advocate General assisted by Shri Sandeep Sharma, learned Standing Counsel.

7. For the aforesaid purpose, 10 days' time is granted to the respondents.

8. List this case on 03.03.2025 within top 10 cases.

10. Interim order, if any, shall continue till the next date of listing and there shall be no recovery made in pursuance of the said order in all connected cases.

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