Court Suspends Andaman Chief Secretary Keshav Chandra, Supreme Court Stays

Calcutta High Court suspended Andaman’s Chief Secretary Keshav Chandra in a case of contempt of court on Thursday. Additionally, Deputy Governor Admiral DK Joshi was fined five lakh rupees. However, the next day, a three-member bench led by Chief Justice Devi Chandrachud of the Supreme Court issued a stay order on this decision.

This order created a stir in the administrative circles of Andaman and Nicobar. On Thursday, the High Court ordered the suspension of Andaman’s Chief Secretary in a case of contempt of court. Additionally, a fine of five lakh rupees was imposed on the Deputy Governor. However, on Friday, the Supreme Court stayed the order passed by the Port Blair Circuit Bench of the Calcutta High Court. Chief Justice Devi Chandrachud requested immediate compliance with the orders and the Attorney General of India, AR Venkataraman, mentioned the case during the hearing.

During the hearing in the Supreme Court on Friday, CJI Devi Chandrachud said, “For this, you must have troubled the judge a lot.” The CJI stated that the order of suspending the Chief Secretary and imposing a fine of five lakh rupees on the Lieutenant Governor is a “bit much.” The Attorney General said that this order is related to the regularization of daily-wage earners in accordance with Article 215 of the Constitution. Justice J.B. Pardiwala and Justice Manoj Mishra were also part of this bench. They issued a notice on the petition and set the date for the hearing on August 11.

Here is the complete case

The Andaman Public Works Department Workers’ Union had demanded the grant of the 1/30th allowance to daily-rated workers with DA benefits in accordance with an order of the Calcutta High Court. The Andaman Public Works Department Workers’ Union accused the Andaman and Nicobar administration of not complying with the court’s orders, which directed the withdrawal of the signature of “undertaking” signed by daily-rated workers. During this time, the difference between approved and non-approved positions of daily-rated workers was also supposed to be removed.

Filing a contempt petition

However, the Andaman administration did not comply with the order of the High Court. In response to the contempt petition filed, during the hearing on the plea for contempt, in front of the Circuit Bench of the Calcutta High Court sitting at Port Blair on Thursday, Justices Rajashekhar Mantha and Vibha Ranjan Dey asked the Deputy Governor Admiral DK Joshi to be present virtually and the Chief Secretary Keshav Chandra to be present personally in court to explain why he was not sent to jail for contempt of court.

Bench expressed deep displeasure

In this case, Chief Engineer, APWD, serving officer S. Tej Bahadur submitted an affidavit of compliance with the court’s order. However, the Deputy Governor and the Chief Secretary did not file any affidavit to submit a contempt petition. Expressing displeasure at the alleged contemnors’ compliance affidavits, the bench said that this conduct is prima facie contemptuous and has made a mockery of the contempt jurisdiction of this court under Article 215.

The affidavit filed on 2nd August, also challenges the order dated 19th December, 2022, alleging that there is no mention of any significant step in compliance with the previous orders of the court. The court believes that Admiral DK Joshi and Keshav Chandra have shown a profound and reprehensible contempt for the court. In view of this, there is no other option left other than to direct the suspension of Keshav Chandra.

The bench further noted that there is no mention of any significant step in compliance with the court’s previous orders in the affidavits filed by the alleged contemnors. The court feels that Admiral DK Joshi and Keshav Chandra have shown a grave and reprehensible contempt for the court. In such a situation, besides directing the suspension of Keshav Chandra, there is no other option left.