Chandigarh: The Punjab and Haryana High Court has directed that the criminal contempt case against Punjab Chief Secretary K.A.P. Sinha (IAS: 1992: Punjab cadre) be placed before the bench having jurisdiction to hear such matters under the court’s roster. The direction came on Friday after the state government‘s counsel submitted that Sinha had no deliberate intention to make a false statement and was willing to tender an unconditional apology.
A division bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order after considering the Chief Secretary’s stand in the ongoing dispute over payment of dearness allowance (DA) arrears to Punjab government employees and pensioners. The court did not conclude the contempt proceedings on the basis of the apology offer and directed that the matter be listed before the appropriate bench on October 12.
The case stems from allegations that the Punjab government failed to comply with the High Court’s directions to release pending DA instalments and that the Chief Secretary subsequently made a statement about the status of the state’s appeal before the Supreme Court that was contradicted by information from the Supreme Court Registry.
The High Court had issued a criminal contempt notice to Sinha earlier in the week, asking him to explain why proceedings should not be initiated against him over what the court described as a “prima facie false statement”.
Why Did the High Court Initiate Contempt Proceedings?
The contempt proceedings originated from the High Court’s order dated August 3, which directed the Punjab government to release all pending DA instalments to its employees and pensioners within 15 days.
The court directed that the pending DA dues be paid on a par with the rates being paid by the Central government to All India Services officers, including IAS, IPS and IFS officers. The order was intended to address the outstanding DA payments claimed by Punjab government employees and pensioners.
The court also directed the state government to refrain from what it described as “unproductive expenditures”, including large-scale print and social media advertising campaigns, until the outstanding dues were settled. The Chief Secretary was directed to file a compliance affidavit by August 31, detailing the steps taken to implement the order.
According to the proceedings, the required compliance affidavit was not filed as directed, and the petitioners subsequently approached the High Court seeking contempt action over the alleged non-compliance.
Read also: Why the Punjab & Haryana High Court Issued A Contempt Case to Punjab Chief Secretary
Punjab Government Moves Supreme Court Over DA Arrears
While the dispute over implementation of the High Court’s order was continuing, the Punjab government filed a Special Leave Petition (SLP) before the Supreme Court on September 1, challenging the High Court’s directions in the DA arrears matter.
However, defects were detected in the SLP by the Supreme Court Registry. The High Court subsequently directed the state government to remove the defects so that the appeal could proceed.
The petitioners, comprising government employees and pensioners, meanwhile moved an application before the Chief Justice’s bench on September 3, seeking contempt proceedings over the alleged failure to comply with the August 3 order.
The status of the SLP became a central issue during subsequent hearings. The High Court was informed that the defects in the state’s appeal had been removed, but a report obtained from the Supreme Court Registry indicated that they remained unresolved.
The discrepancy between the statement made on behalf of the state and the Registry’s report prompted the High Court to examine whether the court had been given an incorrect account of the status of the appeal.
Chief Secretary Summoned Over Statement on Supreme Court Appeal
During the proceedings, the High Court summoned Chief Secretary K.A.P. Sinha to appear in connection with the alleged non-compliance with its earlier directions.
At the hearing, Sinha reportedly stated that a fresh appeal had been filed before the Supreme Court after the defects had been cured. The petitioners disputed this claim and sought action over what they described as a false statement before the court.
The High Court then sought information from the Supreme Court Registry regarding the status of Punjab’s appeal. The report received by the court indicated that the defects had not been removed, contrary to the statement recorded during the proceedings.
The court took a serious view of the discrepancy. It observed that a prima facie false statement appeared to indicate an attempt to misrepresent the facts before the court.
On Tuesday, the High Court issued a criminal contempt notice to Sinha and asked him to explain why proceedings should not be initiated against him. The notice followed the court’s consideration of the alleged discrepancy and the state’s failure to demonstrate compliance with the earlier directions.
Punjab Government Offers Unconditional Apology
During Friday’s hearing, senior advocate Vikas Singh, appearing for the Chief Secretary, submitted that the relevant High Court rules and orders required contempt matters to be placed before the bench having jurisdiction under the roster.
He also submitted that Sinha had no deliberate intention to make a false statement before the court. The counsel stated that the Chief Secretary was willing to tender an unconditional apology if the court considered it appropriate.
The government’s position was that there had been no deliberate attempt to mislead the High Court regarding the status of the SLP filed before the Supreme Court.
The petitioners opposed the offer, arguing that this was not a case in which an apology deserved consideration. They alleged that the state’s conduct amounted to contempt and represented a deliberate attempt to scandalise the court’s proceedings.
The competing submissions placed the question of the Chief Secretary’s statement and the appropriate course of action before the bench.
High Court Says Court’s Authority Must Be Protected
While directing that the matter be placed before the appropriate bench, the division bench emphasised the importance of maintaining the authority and dignity of judicial proceedings.
The bench, comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor, observed that the court was responsible for ensuring that its authority was not compromised. It also noted that suggestions questioning the propriety of court proceedings had to be dealt with carefully.
The court’s order stated that it was “enjoined with the task of ensuring that the majesty of the court is not compromised in any manner”.
The bench directed that the matter be placed before the court having jurisdiction over criminal contempt cases under the roster. The order did not finally determine whether the Chief Secretary was guilty of contempt.
Case to Be Listed on October 12
The contempt case against K.A.P. Sinha is scheduled to be listed before the appropriate bench on October 12. The proceedings will address the allegations arising from the discrepancy over the status of Punjab’s appeal before the Supreme Court and the alleged non-compliance with the High Court’s DA arrears directions.
The matter also raises the broader issue of compliance with judicial orders concerning the payment of dues to government employees and pensioners.
For now, the High Court has directed the matter to the designated contempt bench despite the government’s offer of an unconditional apology. The next hearing will determine the further course of the proceedings.
Read also: P&H High Court Seeks Contempt Explanation from Punjab Chief Secretary Over DA Appeal
