Chandigarh: The Punjab and Haryana High Court has issued a show-cause notice to Punjab Chief Secretary K.A.P. Sinha, a 1992-batch IAS officer of the Punjab cadre, asking him to explain why criminal contempt proceedings should not be initiated over a statement concerning the status of the State government’s appeal before the Supreme Court in the pending dearness allowance (DA) case.
A Division Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor took the step after examining a status report from the Supreme Court Registry. The report indicated that defects in Punjab’s Special Leave Petition (SLP) had not been fully removed, contrary to the position conveyed to the High Court by the State.
Court Questions Statement on SLP Re-filing
The High Court had sought information from the Supreme Court Registry about the status of Punjab’s appeal against its August 3 judgment on payment of pending DA and Dearness Relief (DR) to government employees and pensioners.
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The State had earlier informed the High Court that the SLP had been re-filed after the defects pointed out by the Supreme Court Registry were rectified. However, the subsequent Registry report showed that the appeal continued to have defects.
The Bench therefore recorded a prima facie view that the statement made before it was incorrect and sought an explanation from Sinha on why criminal contempt proceedings should not be initiated.
Punjab Government’s Supreme Court Appeal Remains Under Defects
Punjab had approached the Supreme Court against the High Court’s August 3 directions concerning pending DA/DR payments. The State’s appeal was filed on September 1 but remained under defects before the Supreme Court Registry.
During Monday’s hearing, Sinha had stated that the appeal had been re-filed after the defects were removed. The High Court subsequently sought an updated status directly from the Supreme Court Registry.
The High Court noted that even the re-filed appeal continued to contain defects. The Bench questioned the circumstances in which the State had described the appeal as having been re-filed after curing the defects.
DA Payments at Centre of Dispute
The contempt proceedings arise from the broader dispute over pending DA and DR payments to Punjab government employees and pensioners.
In its August 3 judgment, the High Court directed the State to release all up-to-date pending instalments of DA and DR at the rates applicable to All India Services officers serving in Punjab. The court had also directed the Chief Secretary to ensure compliance and file an affidavit.
The Punjab government subsequently challenged the judgment before the Supreme Court, but the appeal has not progressed because of defects flagged by the apex court’s Registry.
State Raises ‘Bench-Hunting’ Argument
During the proceedings, senior advocate Vikas Singh, appearing for the Punjab government, raised an allegation of “bench-hunting” by the petitioners while seeking an adjournment. The State also referred to the pendency of related proceedings.
The High Court cautioned counsel over the nature of the submissions and indicated that it would confine itself to the legal issues involved rather than political considerations.
Chief Secretary Asked to Appear on October 9
The High Court has deferred the matter to October 9, when KAP Sinha has been directed to remain personally present and explain the position regarding the Supreme Court appeal.
The court’s latest order keeps the focus on whether the defects in the SLP were actually cured and whether the statement made before the High Court accurately reflected its status.
The contempt notice concerns the Chief Secretary’s statement about the status of the Supreme Court appeal. The court has yet to determine whether criminal contempt proceedings should ultimately be initiated.
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