The Calcutta High Court Circuit Bench in Port Blair on Thursday directed the suspension of Andaman and Nicobar Chief Secretary Keshav Chandra (IAS:1995:AGMUT) and imposed a fine of Rs 5 lakh on Lt Governor Admiral D K Joshi (from his own fund) for contempt of court. This action was taken for not complying with an earlier order by the Port Blair bench of the Calcutta High Court, which had directed the release of benefits to nearly 4,000 Daily Rated Mazdoors (DRMs) employed by the island administration. The court had passed the order on December 19 last year, granting higher pay and dearness allowances to the DRMs.
The court found the administration, led by the Chief Secretary and the Lt. Governor, guilty of non-compliance with its order to release the benefit of 1/30th pay plus dearness allowances for DRMs, which has been pending since 2017.
As per a Supreme Court order in 1986, DRMs discharging their duties on a par with regular employees are entitled to the financial benefit of 1/30th pay plus dearness allowances. However, on September 22, 2017, the local administration issued a memorandum stating that one-time wages would be given to DRMs, and they selectively chose the beneficiaries. The matter was challenged in court after the administration issued another memorandum stating that the left-out DRMs would receive their wages from May 9, 2023, onwards and not from 2017 as instructed by the court.
The court’s order read, “This court clearly finds flagrant and reprehensible contempt on the part of the contemnors Admiral DK Joshi, Lieutenant Governor, Andaman and Nicobar Islands, and Shri Keshav Chandra, Chief Secretary, Andaman and Nicobar Administration. In view of the above and in view of the conduct of the contemnors indicated hereinabove, this court is left with no option than to direct that 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.”
Furthermore, the court directed Lt. Governor DK Joshi to deposit Rs 5,00,000 with the registrar of the Port Blair Bench of the High Court at Calcutta within seven days. The court ordered him to appear in virtual mode on the adjourned date and the Chief Secretary, Keshav Chandra, to be personally present in court to show cause as to why they should not be committed to prison for committing contempt of court. The matter has been listed for the next hearing on August 17.
