Supreme Court halts chief secretary suspension by Calcutta High Court's Circuit Bench

Supreme Court halts chief secretary suspension by Calcutta High Court's Circuit Bench

Supreme Court on Friday stayed the order passed by the Port Blair bench of the Calcutta High Court, which suspended the Chief Secretary of the Andaman & Nicobar Islands, Keshav Chandra, and imposed a fine of ₹5 lakh on the Union Territory's Lieutenant Governor, Admiral DK Joshi. The High Court had found them guilty of contempt of court for failing to comply with its earlier order.

The matter was brought before a bench led by Chief Justice of India (CJI) DY Chandrachud. During the proceedings, CJI Chandrachud observed that the directions issued by the High Court appeared to be "a little extreme." He remarked, "You must have something really drastic for such an order to be passed ... We will stay these two directions and list this next week. The suspension and fine are a little extreme."

The CJI, however, also commented that the parties involved may have provoked the High Court judges to pass such an order. In a lighter vein, he addressed Senior Advocate Vikramjit Banerjee, who represented the UT's authorities before the High Court, saying, "Vikramjit, you must have riled up the judges to get this order."

The Supreme Court has issued a notice to the concerned parties and listed the matter for the next Friday.

The controversy stems from an order dated December 19, 2022, when the Calcutta High Court's division bench, comprising Justices Rajasekhar Mantha and Bibhas Ranjan De, awarded a higher pay to around 4,000 Daily Rated Mazdoors (DRMs) in the Andaman & Nicobar Islands. The authorities were directed to release hiked dearness allowances to DRMs, which had been pending since 2017.

However, on August 3, the High Court bench noted that the affidavit of compliance submitted by the authorities did not address the framing of any scheme or the alleged illegal and contumacious distinction between the DRMs. The bench accused the authorities of audacity in challenging and reopening issues already decided by the court, without seeking recourse in a higher forum. Consequently, the bench found them guilty of "flagrant contempt" and ordered the suspension of Chief Secretary Keshav Chandra, with the next senior most officer taking over his responsibilities.

The Lieutenant Governor, Admiral DK Joshi, was also held accountable for contempt of court. The High Court directed him to appear virtually and the Chief Secretary to be personally present in the court on August 17, where they would have to show cause as to why they should not be committed to prison for the contempt found against them.

The Supreme Court's intervention provides a significant respite for the Chief Secretary and the Lieutenant Governor. As the matter unfolds in the apex court, legal experts and observers eagerly await the next developments in this intriguing case that has captured the nation's attention.

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