'Show Some Respect To The Orders Passed By The Court': Kerala High Court Slams Centre Over Delay To Appoint KAT Chairman

The Kerala High Court on Tuesday heavily condemned the Centret's failure to comply with the Court's orders for the immediate appointment of a chairperson to the Kerala Administrative Tribunal (KAT). 

A Division Bench of Justice A Muhamed Mustaque and Justice Kauser Edappagath remarked orally that the "orders of the Court should be treated with some respect."

"How can an ordinary citizen respect the Court when the Government fails to do so?" the Bench asked.

The Court had issued contempt notices to the Union Cabinet Secretary, Rajiv Gauba IAS and the Secretary of the Department of Personnel and Training (DoPT), Deepak Khandekar IAS regarding the same. 

During the proceedings today, ASG Rajkumar representing the Centre informed the Court that despite his repeated communications, he had not received any instructions from the Centre in the matter.

The ASG admitted that he is "defending the indefensible in front of the Court", and sought two weeks' time hoping that the matter may be resolved by then.

Background:

The contempt petition filed by the Kerala Administrative Tribunal Ernakulam Advocates' Association (KATEAA) brought to the attention of the Court that the post of chairperson of KAT has been lying vacant since September 2020. The Court had then issued directions to the Centre to expeditiously make a recommendation for the appointment of chairperson within a period of three weeks. 

Since the delay continued, the Court on 10th August had ordered that if the respondents failed to comply with its orders by the next date of hearing, it would enforce personal appearance.

Accordingly, since the Centre failed to respond to the order of the Court, the Bench said that it would issue notice enforcing the personal appearance of both the IAS officers, Gauba and Khandekar.  An order to this effect will be passed tomorrow.

"The orders passed by this Court are not mere institutional orders and must be respected and complied with in accordance with the law," it was emphasised. 

The Bench observed that it would frame charges and enforce personal appearance. However, the officers would be allowed to appear via video conference at the next hearing of the case, the Court said.

Case Title: Kerala Administrative Tribunal Ernakulam Advocates' Association v. Rajiv Gauba IAS and Anr.