The Supreme Court has strongly reprimanded the Manipur High Court for disobeying its order and has issued a notice of contempt. Hearing a petition related to the promotion of a High Court employee, Justice MR Shah of the Supreme Court said that it seems that the High Court has started considering itself bigger than the Supreme Court. Tell the Chief Justice not to make it an ego issue. It is very unfortunate that the High Court itself could not understand our orders.
The matter pertains to a petition by an Assistant Registrar of the Manipur High Court. The petitioner had pleaded that he should have been promoted on the basis of seniority cum merit, but was not promoted on the basis of his ACR Annual Confidential Report (ACR). According to the petitioner, even if the ACRs of 2016-17 and 2019-20 are ignored, the promotion should have been given on the basis of the remaining ACR of the period of 5 years.
Hearing this application, on 24th February 2023, the Supreme Court directed the High Court to promote the petitioner on the basis of two ACRs, ignoring three ACRs out of 5 years. But the matter of the order of the Supreme Court was not complied with.
During the hearing in the Supreme Court, Justice MR Shah asked the lawyer appearing for the High Court, 'Why are you now calling new DPCs (Departmental Promotion Committee) for 8 other people? Tell your High Court that our order was very clear. We had said that out of 5 years, three ACRs were to be ignored and 2 were to be considered. In such a situation, the petitioner was to be promoted. Don't make it an ego issue. The High Court is looking after the work of the administration, so there should be a transparent system for everyone. Go and tell your Chief Justice. Don't make it an ego issue.
Justice Shah asked where was the pressure to consider others? Only the case of the petitioner was to be considered. Does the High Court not understand our order? Our order was very clear. Tell the Chief Justice to consider the petitioner's case. There is no question of confusion. We do not mean that there are 6 posts. Or have 60 or 600 posts. Good means only the original petitioner and we had said in our order that his three ACRs are to be ignored.
On this remark of Justice Shah, the counsel appearing for the High Court said that perhaps the High Court, Could not understand the order of the Supreme Court properly. Justice Shah reiterated on this – our order. Justice Shah further said- what | Want us to initiate contempt proceedings? Our order was absolutely clear.... It seems that the High Court has started considering itself bigger than the Supreme Court. We are issuing notice of contempt...
On the other hand, Justice C.T. Ravi Kumar commented. The wording used by the Supreme Court in its order was that the case of the petitioner should be tried afresh. Where is the confusion in this? There is no confusion, the Supreme Court has directed the High Court to comply with its order and submit a complete report within 2 weeks.
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