Lt. Governor D.K. Joshi Directed to Deposit Rs. 5 Lakhs from His Own Funds
Port Blair, Aug 3: The Hon’ble High Court at Calcutta, Circuit Bench at Port Blair has ordered suspension of the Chief Secretary, A&N Administration, Shri Keshav Chandra, IAS for contempt of court in complying to the Hon’ble Court’s Order dated 19th December 2022, wherein the Hon’ble Court had ordered for granting 1/30th Pay to the Daily Rated Mazdoors working in various departments of A&N Administration.
The Hon’ble High Court has also levied a fine of Rs. 5 Lakhs on the Lt. Governor, A&N Islands, Admiral D.K. Joshi (Retd) for blatant contumacious conduct regarding the Court’s Order dated 19th December 2022.
Following the Hon’ble High Court’s Order of December 2022, the A&N Administration through the Assistant Secretary (Personnel) on behalf of the Lt. Governor had issued a notification being Order No. 1283 on 9th May 2023. Appearing on behalf of the Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh (applicants), Counsel Mr. Binnu Kumar had pointed lacuna in the said order of the A&N Administration.
The Hon’ble High Court observed that … “It appears from Clause (g) of the said order that the Administration is trying to extract a pound of flesh from the Daily Rated Mazdoors (DRMs) by implementing this Court’s Order dated 19th December 2022.”
Hon’ble Court further observed that, in so far as Clause (h) is concerned, the same constitutes a direct violation of the first and second paragraphs of the fourth page of the order dated 19th December 2022 wherein it was clearly directed that the enhancement would be payable from the date of the Circular itself i.e. 22nd September, 2017. The Hon’ble Court said that the Circular dated 9th May 2023 is diametrically against the specific directions of the Court and concluded that it finds prima facie contempt. The matter was then listed for hearing on 3rd August 2023.
In the hearing of Hon’ble High Court held today through a video conference, the Hon’ble Court again observed that 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 the Court under Article 215 of the Constitution of India to a mockery, the Hon’ble High Court observed.
In the Order issued today, Hon’ble Judges Mr. Rajasekhar Mantha and Mr. Bibhas Ranjan said that this Court clearly finds flagrant and reprehensible contempt on the part of the contemnors Admiral D.K. Joshi, Lieutenant Governor, Andaman and Nicobar Islands and Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration.
In view of the conduct of the contemnors indicated, the Court is left with no option than to direct Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration to be suspended forthwith. The next senior most officer in the Administration shall take over and discharge the functions of the Chief Secretary, ordered the Hon’ble Court.
Further, in view of the blatant contumacious conduct of Admiral D.K. Joshi, the Court has directed him to deposit with the Registrar of the Port Blair Bench of the High Court of Calcutta, a sum of Rs. 5,00,000/- from his own funds, within a period of seven days from date.
Concluding its Order dated 3rd August 2023, the Hon’ble High Court has directed Admiral D.K. Joshi, Lieutenant Governor to appear in virtual mode and the Chief Secretary, Andaman and Nicobar Administration to be personally present in the court to show cause as to why they should not be committed to prison for having committed contempt of Court. The matter was adjourned to 17th August 2023.