Superior responsibility requires senior administrators to ensure subordinates comply with judicial mandates in investigations. Failure to enforce standardized investigative procedures and maintain procedural integrity undermines the rule of law and warrants administrative accountability within the hierarchical framework of the state.

JUDGMENT :

VINOD DIWAKAR, J.

1. Kautilya[Reference: Second Book, Chapter IX; Examination of the conduct of the Government Servants of Kautilya’s Arthashastra translated by R. Shamasastry. Kautilya’s Arthashastra translated by R. Shamasastry (1868-1944), is a seminal ancient Indian treatise on State craft, economic policy, and military strategy, originally composed by Kautilya. Shamasastry first published the text in 1909 and English translation published in 1915.], in his Arthashastra, prescribes that those possessed of ministerial qualifications shall, in accordance with their individual capacity, be appointed as Superintendents of Government Departments. While engaged in the discharge of their duties, they shall be examined daily; for men are by nature fickle-minded and, like horses at work, exhibit constant changes in their temperament. Accordingly, the agencies and instruments of which they avail themselves, the place and time of the work in which they are engaged, as well as the precise form of the work, the ex-penditure incurred, and the results achieved, shall all be daily ascertained.

A fine of twice the amount of their daily remuneration and of the expenditure incurred by them shall be levied in respect of any inadvertence or neglect on their part in discharge of their duties.

Whosoever among the Superintendents realizes revenue equal to, or in excess of, the amount fixed shall be honoured with promotion and rewards. The present matter is a reminder that, this ancient wisdom remains as relevant to the governance of public administration, today as it was when first articulated, almost 23002400 years ago.

1. Heard Shri Raghvendra Yadav, learned counsel for the petitioner, Shri M.C. Chaturvedi, learned Additional Advocate General assisted by Shri Vibhav Anand Singh, learned A.G.A. for the State, and perused the material available on record.

2. The present writ petition, in the nature of a writ of habeas corpus, has been filed by the petitioner the mother of the corpusseeking a direction to respondent nos.1 to 3 to recover the corpus, a minor girl aged about 15 years, from the alleged illegal custody of respondent no.5 and to restore her custody to the petitioner.

3. Learned counsel for the petitioner submits that the corpus was illegally enticed away by respondent no.5 on 10.06.2025. Thereafter, the petitioner lodged a complaint before the Station House Officer, P.S. Sipri Bazar, Jhansi (respondent no.3), pursuant to which an FIR dated 11.06.2025 was registered as Case Crime No.212 of 2025, under Sections 87 and 137(2) of the Bharatiya Nyaya Sanhita, 2023, at P.S. Sipri Bazar, District Jhansi.

4. It is further submitted that, subsequently, on 16.06.2025, another application was submitted before the Senior Superintendent of Police, Jhansi. However, despite the aforesaid efforts, the corpus has not yet been recovered. Learned counsel further states that respondent no. 5, who is the named accused in the aforesaid case, was arrested during the course of investigati