'Not well conversant with legal procedures': Punjab chief secretary apologises in DA contempt case
Chandigarh: Punjab chief secretary K A P Sinha on Friday tendered an unconditional apology in the criminal contempt proceedings against him in Punjab and Haryana high court in the dearness allowance (DA) case, submitting that he was not well versed in legal procedures, but the bench was not satisfied with the affidavit and directed him to file a detailed one at the next hearing.
HC also questioned Punjab govt’s failure to get its appeal against the order directing payment of DA and dearness relief (DR) arrears listed before Supreme Court , observing that its conduct did not inspire confidence. A detailed order was awaited at the time of filing this report. The matter was adjourned to Nov 5.
The chief secretary’s affidavit — dated Oct 27 and filed on Friday — submitted that he was “not well conversant with legal procedures and the nitty-gritty of the process of filing, re-filing and defects in SLP”, and had relied on instructions he received on the status of the state’s appeal in SC.
The matter came up before a division bench of Justice Vinod S Bhardwaj and Justice Ravinder Malik on Friday, with Sinha appearing via video conferencing.
During the hearing, govt counsel senior advocate Vikas Singh submitted that the applicants were trying to give the matter a political colour as assembly elections were near. The state also informed the court that it intended to challenge the criminal contempt proceedings before SC. It was submitted that the civil contempt matter was already pending before a single bench and listed for Nov 3.
The proceedings arose from a plea that alleged non-compliance with HC’s Aug 3 directions on release of DA, and sought action against officials for ‘wilful disobedience’. Punjab govt challenged it in SC, but its petition remained with the registry since Sept 1 owing to defects.
During Friday’s hearing, the HC bench said there appeared to be a deliberate attempt to interfere in the administration of justice.
“When you go through the sequence of events, there is hardly a valid reason for non-listing of the SLP. It seems a deliberate, designed effort to ensure that the SLP is not listed at all, considering the fact that you have been successful in getting other SLPs listed before Supreme Court at a short notice of 24 hours,” the bench observed.
Sinha explained that his Oct 5 affidavit was based on information supplied to him and the acknowledgement of re-filing of the SLP on Oct 1. He submitted that the advocate-on-record had informed the Advocate General’s office that no fresh defects had been notified. He said he also relied on the “SC website status available at 3.22 pm on Oct 5”, which did not show any fresh defects. Additional defects were reflected when the status was checked again at 8.29 pm.
He said he never intended to mislead the court or make any deliberate mis-statement. Although the high court had formed a prima facie view that he had made a deliberate misstatement, he tendered his “most sincere, unqualified and unconditional apology”.
The affidavit also states that the chief secretary was bound by the court’s orders and that if the state failed to obtain relief in SC, it would comply with the Aug 3 directions and pay DA to employees and pensioners with 6% interest.
HC also questioned Punjab govt’s failure to get its appeal against the order directing payment of DA and dearness relief (DR) arrears listed before Supreme Court , observing that its conduct did not inspire confidence. A detailed order was awaited at the time of filing this report. The matter was adjourned to Nov 5.
The chief secretary’s affidavit — dated Oct 27 and filed on Friday — submitted that he was “not well conversant with legal procedures and the nitty-gritty of the process of filing, re-filing and defects in SLP”, and had relied on instructions he received on the status of the state’s appeal in SC.
The matter came up before a division bench of Justice Vinod S Bhardwaj and Justice Ravinder Malik on Friday, with Sinha appearing via video conferencing.
During the hearing, govt counsel senior advocate Vikas Singh submitted that the applicants were trying to give the matter a political colour as assembly elections were near. The state also informed the court that it intended to challenge the criminal contempt proceedings before SC. It was submitted that the civil contempt matter was already pending before a single bench and listed for Nov 3.
The proceedings arose from a plea that alleged non-compliance with HC’s Aug 3 directions on release of DA, and sought action against officials for ‘wilful disobedience’. Punjab govt challenged it in SC, but its petition remained with the registry since Sept 1 owing to defects.
During Friday’s hearing, the HC bench said there appeared to be a deliberate attempt to interfere in the administration of justice.
“When you go through the sequence of events, there is hardly a valid reason for non-listing of the SLP. It seems a deliberate, designed effort to ensure that the SLP is not listed at all, considering the fact that you have been successful in getting other SLPs listed before Supreme Court at a short notice of 24 hours,” the bench observed.
Sinha explained that his Oct 5 affidavit was based on information supplied to him and the acknowledgement of re-filing of the SLP on Oct 1. He submitted that the advocate-on-record had informed the Advocate General’s office that no fresh defects had been notified. He said he also relied on the “SC website status available at 3.22 pm on Oct 5”, which did not show any fresh defects. Additional defects were reflected when the status was checked again at 8.29 pm.
He said he never intended to mislead the court or make any deliberate mis-statement. Although the high court had formed a prima facie view that he had made a deliberate misstatement, he tendered his “most sincere, unqualified and unconditional apology”.
The affidavit also states that the chief secretary was bound by the court’s orders and that if the state failed to obtain relief in SC, it would comply with the Aug 3 directions and pay DA to employees and pensioners with 6% interest.
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