- (1.) WE have heard learned Counsel for the petitioner, learned Advocate General and the learned Government Advocate.
(2.) LEARNED Advocate General states that there has been full compliance of our order dated 20-2-2007 whereby we have directed that the Gunners provided to 575 persons in two categories which include 331 persons in whose cases security had not been recommended by the District Committee and 244 persons whose files were in movement for withdrawal have been withdrawn. However, we find some ambiguity in paragraphs 4 and 5 of the affidavit dated 26-2-2007 filed by Kamal Saxena, Special Secretary, Home, Government of U. P. , (hereinafter referred to as the affidavit), who is present in Court as to whether only orders for withdrawing security of the said persons have been passed or whether security has actually been withdrawn from them. We require a better affidavit specifying that security has actually been withdrawn from the said persons and the dates of withdrawal of security from them, on the next date of listing. Learned Advocate General further states that in 48 Districts, out of the total amount that was due from the persons who had been provided security on payment amounting to Rs. 2,77,29,127/-, Rs. 2,76,78,656/- has been realized in pursuance of our earlier orders. He further mentioned that a High Level Committee consisting of he Additional Director General, Security and Additional Director General, Law and Order and chaired by the Secretary, Home Department, Government of U. P. has been constituted to look into the eligibility or otherwise and the validity of the orders granting security to various persons.
(3.) A list has been provided at Annexure-12, which shows that 674 persons have been provided security, not on the recommendation of the District Committee and consequential orders of the State Government, but they have been provided security by extraneous orders passed at the level of the SSP/sp or from some other level (which level has not been specified or identified in the affidavit ). There seems to be no justification for continuing security to such categories of persons who have been provided security at the instance of extraneous sources which is not in accordance with the Government Order dated 25-4-2001. We, therefore, issue a mandamus directing that security shall be withdrawn forthwith from the said 675 persons. This direction is subject to an exception that the Public Servants such as Engineers, Police Personnel etc. may be continued with security if their names are included in Annexure-12. We are making this exception because of the fact that honest officers are facing threats from Mafia and Contractors with criminal antecedents and they are forcing such honest officers to pass illegal orders in their favour. It is the duty of the State Government to provide security to such honest officers so that they may perform their duties honestly and properly.;