Chief Secretary Suspended and Lieutenant Governor Fined ₹500,000: High Court’s Landmark Verdict in Port Blair, Andaman and Nicobar Islands
Chief Secretary Suspended and Lieutenant Governor Fined ₹500,000: High Court’s Landmark Verdict in Port Blair: A seismic verdict was delivered by the High Court at Calcutta’s Circuit Bench in Port Blair, Andaman and Nicobar Islands. In a case filed by the Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh and another party against Admiral D.K. Joshi, the Hon’ble Lieutenant Governor of Andaman & Nicobar Islands, and Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration, the court found the contemnors guilty of disobeying its order dated 19th December 2022.
The consequential actions taken by the court, including the suspension of the Chief Secretary and imposing a fine of ₹500,000 on the Lieutenant Governor, have sent shockwaves through the administration and legal circles.
Background of the Case
The case involved alleged non-compliance with the court’s earlier order, where specific and clear directions were given to the administration. Despite the passage of time, the administration had failed to withdraw the requirement of obtaining an undertaking from Departmental Representatives of the Administration (DRMs) before releasing payments. This non-compliance sparked the contempt proceedings, leading to the present landmark verdict.
Court Proceedings and Arguments
During the hearing, Mr. Vikramjit Banerjee, representing the applicants, presented an affidavit of compliance filed by S. Thej Bahadur, the Chief Engineer of APWD (Andaman Public Works Department), A & N Administration. However, the contemnors, namely the Lieutenant Governor and the Chief Secretary, did not file any affidavit, signaling a disregard for the court’s authority and its directives.
The court further observed that the purported affidavit of compliance, dated 2nd August 2023, failed to address crucial aspects. It did not mention the framing of any scheme or the distinction drawn between DRMs engaged against sanctioned posts and those not engaged against any sanctioned post. This attempt to challenge and reopen issues already decided by a Single Bench and confirmed by a Division Bench was seen by the court as a clear act of contempt.
Landmark Verdict and Implications
The court’s verdict left no room for ambiguity. In light of the contemnors’ conduct and defiance of court orders, the Chief Secretary, Shri Keshav Chandra, was suspended forthwith. The court emphasized that such contumacious behavior diminished the sanctity of the contempt jurisdiction vested in a Division Bench under Article 215 of the Constitution of India.
Additionally, Admiral D.K. Joshi, the Lieutenant Governor, was ordered to deposit ₹500,000 with the Registrar of the Port Blair Bench of the High Court at Calcutta within seven days. This fine was to be paid from his personal funds, reflecting the gravity of the contempt committed.
The court also fixed the adjourned date on 17th August 2023, during which Admiral D.K. Joshi, Lieutenant Governor, and Shri Keshav Chandra, Chief Secretary, were to show cause as to why they should not be committed to prison for their contemptuous conduct.
Message of the Verdict
The court’s decisive actions in suspending the Chief Secretary and imposing a significant fine on the Lieutenant Governor underscore the importance of respecting court orders and upholding the rule of law. The verdict serves as a stern warning to public servants and officials to adhere to court directives and maintain the sanctity of the legal system.
Conclusion
The landmark verdict delivered by the High Court at Calcutta’s Circuit Bench in Port Blair is a testament to the court’s commitment to upholding the rule of law and ensuring that no one is above its authority. The suspension of the Chief Secretary and the fine imposed on the Lieutenant Governor convey a powerful message about the repercussions of disregarding court orders and the duty of public officials to act with integrity and respect in the judicial process. The case has set a precedent for future instances of contempt and reaffirms the judiciary’s role as a guardian of justice in the nation.
