Must Have Done Something Drastic To Get An Order Like This: SC While Staying Calcutta HC's Order Suspending Chief Secretary & Imposing Cost On LG Of Andaman

The Supreme Court today stayed the order of the Calcutta High Court which had directed the suspension of the Chief Secretary of the Andaman and Nicobar Administration and had imposed a cost of Rs.5,00,000/- on the Lieutenant Governor of Andaman and Nicobar Islands for the contempt of Court.

The Special Leave Petition, though unlisted, was mentioned before the Bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra by the Attorney General of India R. Venkatramani seeking urgent intervention. "This is the order where the Chief Secretary has been suspended", submitted the AG.

"You must have done something really drastic to get an order like this," remarked the CJI and further asked, "What are the basis facts...we have not read the facts." Upon considering the facts mentioned in the impugned order, the Court stayed the order and noted, "Issue notice, serve dasti in addition. In the meantime, there shall be a stay on the directions contained in paragraphs 9 and 10. List on Friday"

Before adjourning the matter, the CJI told the Counsel, "You must have got the judges really riled up to get such an order".

The Calcutta High Court had on August 3, 2023, while dealing with a contempt Petition noted, "Court is left with no option than to direct that the Contemnor No.2, Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration be suspended forthwith. The next senior most officer in the administration shall take over and discharge the functions of the Chief Secretary".

The High Court had further directed that "In view of the blatant contumacious conduct of Admiral D.K. Joshi, this Court directs him to deposit with the Registrar of the Port Blair Bench of the High Court at Calcutta, a sum of Rs.5,00,000/- from his own funds, within a period of seven days from date."

The High Court said that the contemnors have not even bothered to file any affidavit and found the conduct to be ex-facie contumacious. The Court said that such conduct had reduced the contempt jurisdiction of a Division Bench of this Court under Article 215 of the Constitution of India to a mockery. The Court was dealing with an issue related to the regularisation of daily wage employees.