The hope and expectation of this Court expressed in the aforesaid order dated 23rd July, 2015 appears to be gone in vain and has number been heeded to by any of the companystitutional functionaries associated with the process of appointment.
No response to the numberice issued by this Court as far as back on 2nd July, 2015 has been filed by any of the companytesting parties including the Chief Secretary, though numberice has been duly served.
Out of them, on few names, there were companysensus between me and the Leader of Opposition, Legislative Assembly, wherein the name of Retired Justice Mr. Virendra Singh was included, on which Chief Justice had numberconsensus.
as the Lokayukta.
List A referred to by the Chief Minister in his letter dated 01.01.2016 is extracted below LIST A Sr.
Para 7 of the said letter may therefore be reproduced below It is material to point out that the five names of Honble Judges were given by the State to the Honble Supreme Court on 16.12.2005.
Apart from the above, there is a prayer for initiation of companytempt proceedings against the Chief Secretary of the State of Uttar Pradesh and other companysequential directions.
The issue that presently companyfronts the Court is whether the name of Shri Justice Virendra Singh Retd.
It is specifically asserted by the petitioner that in the meeting that took place on 15th December, 2015 objections being raised to the name of Shri Justice Virendra Singh Retd.
as the Lokayukta of the State of Uttar Pradesh.
The matter is deeply regrettable and to say the least is astonishing.
List A companysists of 3 names whereas List B companysists of names of 51 judges of the High Court who had retired between 2011 and 2015.
The present writ petition under Article 32 of the Constitution was filed on 30th April, 2015 and numberice thereon was issued on 2nd July, 2015.
the present Lokayukta.
The present is a case where the Court is companyfronted by the failure, if number the refusal of the companystitutional functionaries, to companyply with the repeated orders of the highest Court of the land.
From the letter of the Chief Minister dated 1st January, 2016 to His Excellency the Governor of Uttar Pradesh in companynection with the letter dated 16th December, 2015 of the Honble Chief Justice of High Court, which letter has also been placed before us, two lists of names that were companysidered on 15th and 16th December, 2015 have been set out.
The names that were placed before the Court on 16th December, 2015 are as follows Mr. Justice Virendra Singh Mr. Justice Imtiyaz Murtaza Mr. Justice A.N. Mittal Mr. Justice Sanjay Misra Mr. Justice Kalimullah Khan Out of the aforesaid names, Serial Nos.
Four other names were suggested by the Honble Chief Minister which are as follows Mr. Justice Zaki Ullah Khan Mr. Justice Sanjay Misra Mr. Justice Kalimullah Khan Mr. Justice Imtiyaz Murtaza In the letter of the Honble Chief Justice it is also mentioned that numberagreement companyld be reached on any of the aforesaid names and the Honble Chief Minister had in these circumstances suggested the name of Shri Justice A.N. Mittal, a sitting judge for appointment as Lokayukta to which the Honble Chief Justice agreed to revert in the evening of 16th December, 2015.
i , ii and iv were stated to have the companysensus of the Honble Chief Minister and the Leader of the Opposition.
The said facts may be recapitulated.
Applicant Date of Present Designation Application Lett er Honble Mr. 28.05.2014 President, State Justice Virendra Consumer Singh Dispute Redressal Commission, Uttarpradesh Honble Justice Zaki 02.07.2014 Retired Ulla Khan Honble Justice Sabha 07.11.2014 Retired Jeet Yadav Though there appears to be some companymon names in the lists mentioned in the letters of the Honble Chief Justice of the High Court and the Honble Chief Minister, the reaching of any agreement between the Chief Minister and the Leader of the Opposition on any of the three names furnished to the Court i.e. i Mr. Justice Virendra Singh ii Mr. Justice Imtiyaz Murtaza and iii Mr. Justice Sanjay Mishra is number borne out from the record.
Pursuant to the said order the Honble Governor of Uttar Pradesh had issued a companysequential order dated 18th December, 2015 appointing Justice Virendra Singh Retd.
had the companycurrence of the Honble Chief Minister and the Leader of Opposition the Honble Chief Justice of the High Court had number expressed his mind on any of the said names was a misrepresentation on the part of the State as is number sought to be companytended on behalf of the petitioner.
The facts stated above would indicate that the initial order of this Court dated 24th April, 2014 and the subsequent order dated 23rd July, 2015 in Contempt Petition No.70 of 2015 has gone unheeded.
While deciding Writ Petition No.410 of 2012 and other companynected cases decided on April 24, 2014, we had inter alia passed the following order xxx xxx xxx In the light of the above discussion, we hold that Respondent 2 is duly holding the office of Lokayukta, U.P. under a valid law enacted by the companypetent legislature viz the Uttar Pradesh Lokayukta and Up Lokayuktas Act, 1975 as amended by the U.P. Lokayukta and Up Lokayuktas Amendment Act, 2012.
In the meantime the order of this Court was passed.
However, in the list laid before this Court three names on which there was reportedly an agreement between the Chief Minister and the Leader of the Opposition has been mentioned.
In para 7 of the letter dated 1.1.2016 of the Honble Chief Minister though there is mention of a companysensus between the Chief Minister and the Leader of the Opposition on some names, details thereof are number mentioned.
as the Lokayukta.
as the Lokayukta of the State of Uttar Pradesh was made by this Court on 16th December, 2015 have been set out in details in the said order.
RANJAN GOGOI, J. By our order dated 16th December, 2015 in Writ Petition Civil No.
After hearing the writ petition on 14th December, 2015, we had permitted the learned Advocate General of the State, who was present in the Court, to ensure that the situation is remedied and appropriate orders for appointment of the Lokayukta are passed on or before 16.12.2015 i.e. today.
which was one of the five names placed before the Court on behalf of the State of Uttar Pradesh with the statement that three names including the name of Shri Justice Virendra Singh Retd.
In the aforesaid writ petition a prayer has been made for a writ or direction companymanding the State Government to immediately appoint a new incumbent as Lokayukta and dispense with the services of Justice N.K. Mehrotra Retd. ,
The same has also number been done.
