"Executive Arrogance": Andhra Pradesh HC Initiates Contempt Action Against Secretary To State's Finance Dept Over Delay In Compassionate Appointment

The Andhra Pradesh High Court has initiated suo moto contempt proceedings against the Principal Secretary to Government's Finance Department due to failure on part of the Department to grant compassionate appointment to the petitioner, despite clear directions from the Court.

Justice G. Ramakrishna Prasad said the Principal Secretary ought to have simply proceeded in terms of the 'letter and spirit' of the singe judge's order in writ proceedings but, he crossed the 'Laxman Rekha'.

“After having noted the facts in the present case, this Court is unable to contain its anguish as regards the manner in which the Executive (the PrI. Secretary-Respondent No.1) have acted, which is not only irrational, unjust and arbitrary, but by exhibiting 'executive arrogance' not only towards the cause of the Writ petitioner but also towards the constitutional duties, which are ordained and mandated to the 'Executive'”

When his mother passed away working as an Assistant Tax Officer, Basava Srinivas, being the son of the deceased approached the District Commercial Tax Department, to get appointed in the department on compassionate grounds. Relying on a Circular issued by the State in 2012, the Tax department rejected the claim of the petitioner citing other sources of income in the family and an age bar.

The petitioner clarified that the circular issued in 2012 had been set aside by the Andhra Pradesh Administrative Tribunal in 2018, and that receiving pension would not be considered as another source of income. However, the Department did not accept this explanation.

Challenging the rejection order, the petitioner approach the High Court for the first time. The Court ordered in favour of the petitioner holding that the circular has long been set aside. Despite the order of the Court, the Department failed to consider the application of the petitioner, compelling him to approach the Court for a second time by way of a Contempt Case.

During pendency of the contempt case, a rejection order was passed by the Department and the contempt was closed with liberty given to the petitioner to challenge the rejection order. The present writ had been filed subsequent of the Contempt being disposed.

Court noted noted that the Department instead of complying with the directions of the Court in the previous Writ, chose to appeal against the order, despite being fully aware that the circular relied on by the Department in furtherance of their claim, had been expressly set aside to finality.

"If the said Secretary to Government (CT) Finance had acted accordingly, there is no choice for him but to implement the ratio laid down by the Learned Single Judge, since the two objections raised by the Respondents have been categorically settled by the Learned Single Judge and had attained finality...In this view of the matter, this Court is of the prima facie opinion that Sri N. Gulzar, PrI. Secretary to Government (CT) Finance, having no respect to the 'Constitutional Governance', is unfit to hold the position as a public servant at the pleasure' of the Government under Article 310 of the Constitution of India, as he has blatantly and explicitly exhibited utter disregard not only to the settled principles of law but also to the Orders passed by the Court of Record namely the High Court in as much as he 'sat in appeal' and passed an order thereby consciously frustrating a Judicial Verdict.”

Thus, the Court thought it appropriate to issue suo-motu contempt proceedings and also issue a show cause notice to the Principal Secretary seeking explanation as to why he should not be terminated from his post.

The Writ along with the contempt case have been posted today.

Case no.: W.P.No.34079 of 2022 & Suo-motu CC No. 2300 of 2024

Case Title: In Re: Sri N. Gulzar Principal Secretary to the State, Finance

Counsel for the Petitioner: Dr. Sastry Jandhyala

Counsel for the Respondents: S.Raju, Gp For Services -1

Click Here To Read/Download Order