Supreme Court stays Calcutta High Court order suspending Andaman Chief Secretary, imposing ₹5 lakh fine on LG

The Supreme Court on Friday stayed the Calcutta High Court order suspending the Chief Secretary of the Andaman and Nicobar Islands, Keshav Chandra and imposing a fine of ₹5 lakh on the Union Territory's (UT) Lieutenant Governor, Admiral DK Joshi for failing to comply with an earlier order of the High Court. .The Attorney General of India R Venkataramani mentioned the matter this morning before a bench led by Chief Justice of India (CJI) DY Chandrachud, who observed that the directions appeared to be a little extreme. ."You must have something really drastic for such an order to be passed ... We will stay these two directions and list this next week. the suspension and fine is a little extreme," CJI Chandrachud said. .The Court, however, added that the parties must have riled up the High Court judges to provoke them to pass such an order. Addressing Senior Advocate Vikramjit Banerjee, who had appeared for the UT's authorities before the High Court, CJI Chandrachud said,"Vikramjit, you must have riled up the judges to get this order." The Court proceeded to issue notice and list the matter next Friday. .The order of the Port Blair bench of the Calcutta High Court, which was passed on Thursday, has been challenged before the Supreme Court. In its August 3 order, the High Court had ordered the suspension of the Chief Secretary of the Andaman & Nicobar Islands, Keshav Chandra and further imposed a fine of ₹5 lakh on the Union Territory's (UT) Lieutenant Governor, Admiral DK Joshi for contempt of court. A division bench of Justices Rajasekhar Mantha and Bibhas Ranjan De had said that the two high functionaries made a 'mockery' of the contempt of court proceedings initiated against them and, therefore, directed both of them to be present in court on the next date of hearing.The bench had by an order dated December 19, 2022, awarded a higher pay to around 4,000 Daily Rated Mazdoors (DRMs) in the UT.By that order, the authorities were ordered to release hiked dearness allowances to DRMs. The same had been pending since 2017.On Thursday, the bench noted that the purported affidavit of compliance submitted by the authorities, stated nothing about framing of any scheme or the illegal and contumacious distinction sought to be drawn between the DRMs engaged against sanctioned post.It said that in essence, by the instant affidavit, the authorities showed audacity to challenge and reopen the issues decided before the single-judge and the division bench of the High Court, without challenging the same before a higher forum.This, the High Court bench said, amounted to "flagrant contempt" of the court.The bench further said that due to such 'conduct' of the authorities, it was left with no option but to direct the suspension of Keshav Chandra, the UT's Chief Secretary.The next senior most officer in the administration, the bench ordered, shall take over and discharge the functions of the Chief Secretary.The bench had ordered the LG to appear via virtual mode and the Chief Secretary to remain personally present in the Court on August 17."They shall show cause as to why they should not be committed to prison for having committed contempt of court as already found against them," the bench had made it clear.