DR. RAM LAKHAN SINGH versus STATE GOVERNMENT OF UTTAR PRADESH THROUGH CHIEF SECRETARY

Citation: [2015] 12 S.C.R. 263 · Decided: 17-11-2015 · Supreme Court of India · Bench: RANJAN GOGOI · Disposal: Disposed off

Judgment (excerpt)

[2015] 12 S.C.R. 263 
DR. RAM LAKHAN SINGH 
v. 
STATE GOVERNMENT OF UTIAR PRADESH THROUGH 
CHIEF SECRETARY 
(Writ Petition (Civil) No. 933 of 2014) 
NOVEMBER 17, 2015 
[RANJAN GOGOi AND N.V. RAMANA, JJ.] 
A 
B 
COMPENSA T/ON: Writ petitioner was a member of the C 
All India Services and rendered services to the respondent 
State and Government of India in various positions for about 
35 years - FIR was filed against petitioner and house raid 
conducted on the ground of owning of disproportionate assets 
beyond income, illegal mining and auction of Tendu Patta D 
leaves causing loss of government revenue and.undue gain 
to the purchasers - Plea of petitioner that the State Vigilance 
Establishment ought to have taken prior permission and 
approval of Chief Secretary of the State for arresting and 
raiding the house which was not obtained - Petitioner was E 
a/so suspended from his official duties -
Claim for 
compensation for loss of professional career, reputation and 
for causing mental agony on the ground that he was illegally 
detained by the authorities after implicating him in false 
vigilance cases and dishonouring the High Court's directions F 
- Held: The case of petitioner was never referred to Vigilance 
Committee and consequently no vigilance enquiry was ever 
initiated against him - There was no evidence in respect o"f 
offence alleged to have been committed by petitioner -
Petitioner had to suffer mental agony and loss of reputation G 
in the society besides huge financial loss - Normally, 
Supreme Court is reluctant in determining or granting any 
compensation while exercising its jurisdiction ul Article 32 of 
the Constitution, b~t advises the parties to approach the H 
263 
264 
SUPREME COURT REPORTS 
[2015] 12 S.C.R. 
A competent Courts for adjudicating those issues - However, 
in view of peculiar facts and circumstances of the case and . 
the age and trauma suffered by the petitioner who spent about 
11 days in jail and fought the legal battle for about a period 
of 10 years before various forums and more particularly in 
B the absence of any proved charges of corruption against the 
petitioner, a lump sum amount of Rs. 10 lakhs awarded as 
compensation to the petitioner on all forms. 
ADMINISTRATIVE LAW: 
C 
Role of Executive/Civil Servant/Public Servant -
Discussed. 
Public employment - Public servant and corruption -
Discussed. 
D 
Disposing of the petition, the Court 
HELD: 1. A clear procedural lapse on the part of 
the respondent had caused mental agony and financial 
loss to the writ petitioner. As per the statement made by 
E the respondent before the High Court and by the order 
of the Special Judge, Anti Cor:ruption Act, all the actions 
against the applicant have been declared as null and 
void. But in the entire process, the petitioner had to 
suffer mental agony and loss of reputation in the society 
F besides huge financial loss. Even the retiral benefits 
were paid to the petitioner belatedly which was 
attributable to the negligence and irresponsible act of 
the State. [Para 9] [272-D-G] 
G 
2. For effective functioning of a democracy, the role 
of Executive is very important. Civil servants and public 
officials are expected to maintain and strengthen the 
public's trust and confidence by demonstrating the high 
standards of professional competence, efficiency and 
H effectiveness by upholding the Constitution and rule of 
DR. RAM LAKHAN SINGH v. STATE GOVERNMENT OF 
265 
U.P. THROUGH CHIEF SECRETARY 
law, keeping in mind the advancement of public good at A 
all times. Public employment being a public trust, the 
improper use of the public position for personal 
advantage is considered as a serious breach of trust. 
With the changing times, the role of Executive and 
expectation of the citizens in governance also B 
underwent tremendous change. Dishonesty and 
corruption are biggest challenges for any developing 
country. If the public servant indulges in corruption, the 
citizens who are vigilant in all aspects take note of this 
seriously and develop a sense of distress towards the C 
Government and its mechanism, on a whole it sends a 
very alarming message to the society at large and to the 
common man in particular. In any civilized society, the 
paramount consideration is the welfare of the society 0 
and corruption is the biggest hindrance in that process. 
If the corrupt public servant is not punished, then it will 
have a negative impact on the honest public servants 
who w

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