Supreme Court Stays High Court Order: Andaman Chief Secretary’s Suspension and ₹5 Lakh Fine on LG Put on Hold

Supreme Court Stays High Court Order: Andaman Chief Secretary’s Suspension and ₹5 Lakh Fine on LG Put on Hold

Supreme Court Stays High Court Order: In a significant turn of events, the Supreme Court has stepped in and put a halt to the Calcutta High Court’s decision to suspend the Chief Secretary of the Andaman and Nicobar Islands. Additionally, the Supreme Court has imposed a fine of ₹5 lakh on the Lieutenant Governor (LG) of the Union Territory (UT). This ruling comes in response to alleged non-compliance by the authorities with a previous directive issued by the High Court.

The matter was brought before a bench led by Chief Justice of India (CJI) DY Chandrachud by the Attorney General of India, R Venkataramani. CJI Chandrachud expressed concern about the extreme nature of the High Court’s directions and emphasized the need for a compelling reason to warrant such measures.

CJI Chandrachud remarked, “There must be something truly extraordinary to justify passing such an order… We will suspend these two directions and schedule the matter for further hearing next week. The suspension and fine seem overly severe.”

However, the Supreme Court acknowledged the possibility that the parties involved may have provoked the High Court judges to issue such an order.

In a lighthearted exchange with Senior Advocate Vikramjit Banerjee, who had represented the UT’s authorities in the High Court, CJI Chandrachud humorously quipped, “Vikramjit, you must have ruffled the judges’ feathers to receive this order.”

The Supreme Court has now issued a notice and set the matter for the next hearing, which is scheduled for Friday.

High Court’s Controversial Order

The recent order of the Calcutta High Court, issued on Thursday, has been challenged before the Supreme Court.

In the order issued on August 3, the High Court directed the suspension of the Chief Secretary of the Andaman & Nicobar Islands, Keshav Chandra, and imposed a fine of ₹5 lakh on the UT’s Lieutenant Governor, Admiral DK Joshi, for being held in contempt of court.

A division bench comprising Justices Rajasekhar Mantha and Bibhas Ranjan De accused the two high-ranking officials of undermining the court’s contempt proceedings, and as a result, ordered them to personally appear before the court on the next hearing date.

Background of the Issue

The bench had previously passed an order on December 19, 2022, granting higher pay to around 4,000 Daily Rated Mazdoors (DRMs) in the UT.

In that order, the authorities were instructed to release the pending hiked dearness allowances to the DRMs, a matter that had remained unresolved since 2017.

During Thursday’s proceedings, the bench observed that the affidavit of compliance submitted by the authorities lacked any mention of the framing of a scheme or the illegal and contemptuous distinction made between the DRMs engaged against sanctioned posts.

Contempt of Court Allegations

The bench stated that, in essence, the authorities, through the affidavit, had shown audacity in challenging and reopening issues that had already been resolved by a single-judge and a division bench of the High Court, without seeking resolution at a higher forum.

The High Court bench viewed this action as “flagrant contempt” of the court.

As a result of the authorities “conduct,” the bench concluded that it had no choice but to order the suspension of Keshav Chandra, the Chief Secretary of the UT.

In accordance with the bench’s order, the next senior-most officer in the administration is now tasked with fulfilling the responsibilities of the Chief Secretary.

Next Steps

The LG was required to appear via virtual mode, while the Chief Secretary was to be personally present in the court on August 17, as per the High Court’s order.

The bench emphasized that the concerned officials must “show cause as to why they should not be committed to prison for having committed contempt of court as already found against them.”

With the Supreme Court stepping in to stay the controversial High Court order, the matter will now undergo further scrutiny and discussion, paving the way for a comprehensive resolution.

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