'Non-Compliance' With AFT Order On Pension | Punjab & Haryana HC Issues Contempt Notice To Sr. Defence Ministry Official

The Punjab & Haryana High Court has issued a contempt notice to Alka Sharma, principal integrated financial adviser at the Ministry of Defence (MoD) and Major General Ashok Singh, for allegedly not complying with the order of the Armed Forces Tribunal (AFT) Chandigarh to give penal amount to a retired Naib Subedar.

Justice Arvind Singh Sangwan issued the notice stating that ASG accepted the notice and seeks some time to file reply.

According to the plea, the principal amount was disbursed as per the AFT Chandigarh Bench order to the petitioner but the penal interest was not paid. Thereafter, in a suo moto action, AFT issued bailable warrant against Major General Ashok Singh and Alka Sharma principal integrated financial advisor.

The suo moto proceeding of AFT was challenged by the Union in High Court and the ASG submitted that the due interest will be paid by the end of August 2023 and affidavits were also filed by the alleged contemnors. Considering the undertaking, the plea was disposed of stating that the suo moto action and warrant will be kept in abeyance and in case the undertaking is not complied with then AFT shall be at liberty to proceed further, stated the petition.

The plea states that the officials did not comply with the undertaking and several opportunity was granted to them by AFT but the contempt notice was not issued.

On September 15, when the case came up for hearing before AFT, counsel representing the officials informed that the suo moto contempt was transferred to AFT, Principal Bench on application filed by Alka Sharma.

The petition alleges that the entire case was transferred without giving notice to the petitioner and other 686 applicants, "just to save one officer who is prima-facie guilty of wilfully disobeying the order passed by AFT Chandigarh Bench and also breach of undertaking given by them at Punjab and Haryana High Court Chandigarh, the entire case was transferred from AFT Chandigarh to Principal Bench New Delhi."

"Section 27 of the AFT Act empowers the Chairperson to transfer any pending case but it does not mention transter of pending execution or more importantly Suo Moto Contempt proceedings which is supposed to be dealt with the Bench which started the same. Even Section 14(2) of the Contempt of Courts Act, provides that the procedure of transfer of Contempt proceedings starts with the filing of a statement of a statement for transfer before the bench where said proceedings are pending," adds the petition.

The matter is now listed for March 13, 2024 for further consideration.

Counsel for petitioner: Advocates AS Narang, Rajesh Sehgal and Bhim Sen Sehgal.

Title: Room Lal v. Alka Sharma and another 

Click here to download/read the order.