हिंदी

Disobedience Of HC Order: SC Directs AP Govt To Revert Deputy Collector To Post Of Tehsildar

Supreme Court

In a decisive ruling on Friday, the Supreme Court directed the Andhra Pradesh government to strip a deputy collector of his current rank and revert him to tehsildar status.

This stern measure was taken after the officer blatantly ignored a High Court injunction and ordered the forcible removal of hutments in the Guntur district in January 2014.

Bench Stresses The Supremacy Of Judicial Orders

A two-judge bench, comprising Justices B.R. Gavai and Augustine George Masih, underscored that compliance with court directives is non-negotiable, regardless of an official’s seniority. “A disobedience of the orders passed by the court attacks the very foundation of rule of law on which our democracy is based,” the bench observed, reaffirming the principle that no one stands above judicial authority.

Modified Punishment

While the Supreme Court upheld the High Court’s finding of contempt, it opted to substitute the original two-month jail sentence with administrative penalties. The officer, who had been elevated to deputy collector in 2023, will now:

Be downgraded by one rank, reverting to his former position of tehsildar.

Pay a fine of ₹1 lakh for his wilful defiance.

“Though we take a lenient view, a message requires to be given to everybody that no one, however high he may be, is above the law,” the bench stated, balancing deterrence with judicial restraint.

Factual Background

The controversy traces back to December 11, 2013, when the Andhra Pradesh High Court issued an order restraining then-tehsildar Varma (name anonymized for this summary) from demolishing any hutments in Guntur. Ignoring this explicit directive, the officer proceeded with the evictions in January 2014. A single-judge bench of the High Court subsequently found him guilty of “deliberate and utter disobedience” and sentenced him to two months’ imprisonment.

The court’s division bench upheld that sentence upon appeal. Unwilling to accept incarceration, the officer challenged the decision before the Supreme Court.

Court’s Deliberations & Final Order

During oral arguments, the apex court inquired whether the officer would accept demotion in lieu of imprisonment. His counsel conceded, “He (officer) will go down to any punishment.” Taking note, the Court framed its judgment to reinforce institutional discipline without resorting to immediate imprisonment.

By converting a custodial sentence into a service-related penalty, the Court sent a clear signal: administrative sanctions can effectively uphold the rule of law while preserving public service careers.

Implications For Administrative Accountability

The Supreme Court’s ruling carries broader implications for civil servants nationwide. It reaffirms that:

  • Judicial instructions are binding, irrespective of an officer’s rank or the perceived exigencies of administrative action.
  • Contempt sanctions need not always involve jail time; demotion and fines can serve as potent substitutes.
  • Rule of law remains the bedrock of democratic governance; eroding respect for court orders strikes at its core.

As the Andhra Pradesh government implements the demotion and fine, this case will stand as a precedent—reminding every official that compliance with judicial mandates is both a duty and an imperative.

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About the Author: Meera Verma

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