SC stays Calcutta HC order suspending Andaman chief secretary, imposing Rs 5 lakh fine on LG

New Delhi [India], August 4 : The Supreme Court on Friday stayed the order of the Calcutta High Court which directed suspension of Andaman and Nicobar, Chief Secretary, Keshav Chandra, and also imposed a fine of Rs 5 lakh on the Union Territory's (UT) Lieutenant Governor, Admiral DK Joshi for failing to comply with an earlier order of the court.
A bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra also issued notice on the plea and posted the matter for hearing on August 11.
The apex court stayed the order of the Port Blair bench of Calcutta High Court after Attorney General for India R Venkataramani mentioned an appeal against the High Court order observing that the directions appeared to be a little extreme.
“You must have something really drastic for such an order to be passed... We will stay these two directions and list this next week. The suspension and fine is a little extreme," the bench said while staying the order.
CJI Chandrachud told a senior advocate Vikramjit Banerjee, who appeared for the authorities of Andaman and Nicobar before the High Court, “Vikramjit, you must have riled up the judges to get this order."
A division bench of Justices Rajasekhar Mantha and Bibhas Ranjan De on Thursday 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 High Court asked LG Joshi to appear on the next date through virtual mode, and Chief Secretary Chandra to appear personally in court to explain why they should not be committed to prison for contempt of court. The matter was adjourned for August 17.
It said that the next senior officer in the administration shall take over and discharge the functions of the Chief Secretary.
By the order of December 19, 2022, the High Court had awarded a higher pay to around 4,000 Daily Rated Mazdoors (DRMs) in Andaman and Nicobar Island and the authorities were ordered to release hiked dearness allowances to DRMs. However, the order was not complied with.
On August 3, the High Court bench noted that the affidavit of compliance submitted by the UT authorities stated nothing about the framing of any scheme or the illegal and contumacious distinction sought to be drawn between the DRMs engaged against sanctioned posts.
The bench 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.