SC Closes Contempt Proceedings Against Andaman Chief Secretary and Lieutenant Governor

The Supreme Court on Monday closed the contempt of court proceedings initiated by the Calcutta High Court against the Chief Secretary of the Andaman and Nicobar Islands, Keshav Chandra, and Lieutenant Governor (LG), Admiral DK Joshi.

These proceedings were initiated due to their failure to adhere to a High Court order concerning payments to Daily Rated Mazdoors (DRMs).

A bench of Chief Justice of India (CJI) DY Chandrachud and Justices PS Narasimha and Manoj Misra noted that given the UT administration’s withdrawal of its previous stance, there was no justification to continue the proceedings.

The matter before the Court pertained to a challenge against a Calcutta High Court order that suspended the Chief Secretary and imposed a ₹5 lakh fine on the LG. A division bench of Justices Rajasekhar Mantha and Bibhas Ranjan De of the High Court had observed that both high-ranking officials had undermined the contempt of court proceedings, leading to a direction for their presence during the next hearing.

The case originated from a December 19, 2022, High Court order that granted increased pay to approximately 4,000 DRMs in the UT. The order mandated the authorities to release heightened dearness allowances to the DRMs, a matter that had remained unresolved since 2017.

On August 3, the High Court pointed out that the compliance affidavit submitted by the authorities lacked details about formulating a scheme or addressing the unlawful and defiant differentiation made between DRMs engaged against sanctioned posts.

The Court noted that, essentially, the authorities’ affidavits exhibited audacity in challenging and revisiting issues previously settled by a single-judge and a division bench of the High Court, without challenging the decisions before a higher forum. The High Court deemed this as “flagrant contempt” of the court’s authority. Consequently, the High Court suspended the Chief Secretary and imposed a ₹5 lakh fine on the LG. However, the Supreme Court promptly stayed this order upon Attorney General of India R Venkataramani’s request. In the present scenario, the Supreme Court examined the affidavits submitted by the concerned parties and observed that the UT administration had issued new orders on August 10, superseding the previous material presented before the High Court. The administration informed the apex court that enhanced wages would be applicable from September 2017 and that funds had been requisitioned for this purpose.

The administration committed to framing the scheme in accordance with the Division Bench’s statement before the High Court. Given these developments, the Supreme Court concluded that there was no justification to continue with the contempt case and closed it. However, the Court directed the Andaman administration to ensure compliance with its order by November 30.