Supreme Court Stays Calcutta HC Order Which Suspended Andaman & Nicobar Chief Secretary & Fined LG For Disobedience

A division bench of Justice Rajasekhar Mantha and Justice Bibhas Ranjan De remarked:

“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 this Court under Article 215 of the Constitution of India to a mockery. 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.”

The Court was apprised of a contempt application, which had been filed by the Andaman Sarvajanik Nirman Vibagh Mazdoor Sangh against the Andaman & Nicobar Administration for failing to comply with earlier Court orders containing directions regarding withdrawal of an “undertaking” to be signed by Daily-Rated Mazdoors (“DRMs”), as well as removal of a distinction between DRMs engaged in sanctioned and non-sanctioned posts.

The Bench, in perusing the affidavit of compliance which had been filed by the alleged contemnors, took exception to the fact that it did not mention any substantial steps in compliance with the Court’s earlier orders. It held:

The findings of this Court as recorded on 27th July, 2023 are clear and explicit. The undertaking required by the administration from the DRMs as a precondition for release of payment has not been withdrawn till date. Mr. Vikramjit Banerjee, however, submits that he has held a conference with the administration and the administration has condescended to withdrawing the requirement of signing the undertaking. This Court finds that the purported affidavit of compliance says nothing about framing of any scheme or the illegal and contumacious distinction sought to be drawn between the DRMs engaged against sanctioned post and those DRMs that are not engaged against any sanction post. In essence particularly paragraph at 16 the deponent of the affidavit had the audacity to challenge and reopen the issues decided before the Single Bench and confirmed by the Division Bench, without challenging the same before a higher forum.

Upon taking note of the “contumacious conduct” of the members of the Andaman & Nicobar Administration, the Court directed the suspension of the Chief Secretary and imposed a fine on the Lt Governor, directing him to be present at the next hearing to “show cause why they should not be committed to prison for being in contempt of Court.” It was held:

“In view of the above and in view of the conduct of the contemnors indicated hereinabove, this Court is left with no option than to direct that the Contemnor No.2, Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration be suspended forthwith. The next senior most officer in the administration shall take over and discharge the functions of the Chief Secretary.

In view of the blatant contumacious conduct of Admiral D.K. Joshi, this Court directs him to deposit with the Registrar of the Port Blair Bench of the High Court at Calcutta, a sum of Rs.5,00,000/- from his own funds, within a period of seven days from date. 11. On the adjourned date, Admiral D.K. Joshi, Lieutenant Governor shall appear in virtual mode and the Chief Secretary, Andaman and Nicobar Administration shall be personally present in this Court and shall show cause as to why they should not be committed to prison for having committed contempt of Court as already found against them.”

The matter has been slated for further hearing on the 17th of August.

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