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2012 Supreme(All) 966

[2012(5) ADJ 268]
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL, J.
INDRAS KUMAR AND ANOTHER ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 15178 of 2012, decided on 10th April, 2012)

Advocates:
Counsel :
Anil Pandey for the Petitioner; C.S.C. for the Respondents.

Headnote:Recovery Certificate—Execution of—Inordinate delay and inaction in executing recovery certificate—Only respondent No. 2 was found to be responsible and none else—If concerned statutory authority keeping the matter pending for reasons other than bona fide, it would a kind or facet of corruption—In view of fact, respondent No. 2 saddled with the responsibility of paying interest on the amount under recovery. [Paras 3, 10 and 11]

       

JUDGMENT

Hon’ble Sudhir Agarwal, J.—Pursuant to this Court’s order dated 2.4.2012, Sri Sanjay Kumar, District Magistrate, Gorakhpur is present. He has also filed an affidavit stating that after this Court’s order dated 2.4.2012 immediate steps were taken and the recovery certificate dated 5.2.2011 was executed and the amount was realized and deposited in the Court of District Judge/ M.A.C.T., Gorakhpur on 4.4.2012 i.e. within two days after this Court’s order dated 2.4.2012. In the entire affidavit, there is not even a whisper about lapse in execution of recovery certificate issued on 5.2.2011 as to what was done by respondent No. 2 for executing the aforesaid recovery certificate for the last almost 14 months. The laxity, inaction and arbitrariness on the part of respondent No. 2 is apparent.

2. In fact the authorities’ approach shows that pendency of anything for several months or years make no difference to them. They treat it their right and privilege not to discharge statutory duties and functions for any length of time, without having any accountability or responsibility to the sovereign, namely the people of this country. The laxity on the part of respondent No. 2 is obvious and evident. When an official like a District Magistrate chose to remain inactive showing apathy to his statutory functions, a common man feels extremely helpless. It also gives an impression as if the concerned statutory authority is keeping the matter pending for reasons other than bona fide. He is trying to encourage corrupt activities or corruption itself. This is a kind or facet of corruption. Making observations on various facets of corruption, this Court in Mithilesh Kumari v. State of U.P. and others, Civil Misc. Writ Petition No. 45893 of 2008 decided on 18.11.2010 said in paras 52 to 55 of the judgment as under:

“52. In general the well accepted meaning of corruption is the act of corrupting or of impairing integrity, virtue, or moral principle; the state of being corrupted or debased; lost of purity or integrity; depravity; wickedness; impurity; bribery. It further says, “the act of changing or of being changed, for the worse; departure from what is pure, simple, or correct; use of a position of trust for dishonest gain.”

53. Though in a civilised society, corruption has always been viewed with particular distaste to be condemned and criticised by everybody but still one loves to engage himself in it if finds opportunity, ordinarily, since it is difficult to resist temptation. It is often, a kind, parallel to the word ‘bribery’, meaning whereof in the context of the politicians or bureaucrats, induced to become corrupt. The Greek Philosopher Plato, in 4th Century BC said, “in the Republic that only politicians who gain no personal advantage from the policies they pursued would be fit to govern. This is recognised also in the aphorism that those who want to hold power are most likely those least fit to do so.” While giving speech before the House of Lords William Pitt in the later half of 18th Century said, “Unlimited power is apt to corrupt the minds of those who possess it.” Lord Acton in his letter addressed to Bishop Creighton is now one of the famous quotation, “Power tends to corrupt and absolute power corrupts absolutely.”

54. Corruption is a term known to all of us. Precise meaning is illegal, immoral or unauthorized act done in due course of employment but literally it means “inducement (as of a public official) by improper means (as bribery) to violate duty (as by committing a felony).” It is an specially pernicious form of discrimination. Apparently its purpose is to seek favourable, privileged treatment from those who are in authority. No one would indulge in corruption at all if those who are in authority, discharge their service by treating all equally.

55. We can look into it from another angle. Corruption also violates human rights. It discriminates against the poor by denying them access to public services and preventing fr

















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