A division bench of Justices Rajasekhar Mantha and Bibhas Ranjan De said that the two high functionaries made a ‘mockery’ of the contempt of court proceedings initiated against them and, therefore, directed both of them to be present in court on the next date of hearing.
“The contemnors have not even bothered to file any affidavit. This conduct is ex facie contumacious and has reduced the contempt jurisdiction of a Division Bench of this Court under Article 215 of the Constitution of India to a mockery,” the bench said.
The bench had by an order dated December 19, 2022, warded a higher pay to around 4,000 Daily Rated Mazdoors (DRMs) in the UT.
By that order, the authorities were ordered to release hiked dearness allowances to DRMs. The same had been pending since 2017.
On Thursday, the bench noted that the purported affidavit of compliance submitted by the authorities, stated nothing about framing of any scheme or the illegal and contumacious distinction sought to be drawn between the DRMs engaged against sanctioned post.
It said that in essence, by the instant affidavit, the authorities showed audacity to challenge and reopen the issues decided before the single-judge and the division bench of the High Court, without challenging the same before a higher forum.
This, the bench said, amounted to “flagrant contempt” of the court.
“This Court clearly finds flagrant and reprehensible contempt on the part of the contemnors Admiral DK Joshi, Lieutenant Governor and Keshav Chandra, Chief Secretary,” the bench underscored.
The bench further said that due to such ‘conduct’ of the authorities, it was left with no option but to direct the suspension of Keshav Chandra, the UT’s Chief Secretary.
The next senior most officer in the administration, the bench ordered, shall take over and discharge the functions of the Chief Secretary.
“In view of the blatant contumacious conduct of Admiral DK Joshi, this Court directs him to deposit with the Registrar of the Port Blair Bench of the High Court at Calcutta, a sum of ₹5 lakhs from his own funds, within a period of seven days,” the bench further ordered.
The bench ordered the LG to appear via virtual mode and the Chief Secretary to remain personally present in the Court on August 17.
“They shall show cause as to why they should not be committed to prison for having committed contempt of court as already found against them,” the bench said.
Source: Barandbench
