The Punjab and Haryana high court on Tuesday imposed a fine of ₹1 lakh on Punjab chief secretary and summoned him for November 3 hearing over non-compliance by the state government in implementing the court order on release of dearness allowance (DA) to employees and pensioners.
“The aforementioned facts and circumstances clearly reflect the defiant attitude adopted by the respondents with regard to compliance of the directions issued by this court, which cannot be countenanced in law,” the bench of justice Harsh Bunger observed after counsels apprised the court of state’s appeal against the order still lying in defects in the apex court and the failure of the chief secretary in filing a compliance report.
The court was hearing contempt petitions by employees and pensioners filed on August 21, after the state government failed to comply with the August 3 judgment of a high court division bench. In that ruling, the court ordered the state to release all pending DA installments to employees and pensioners on a par with the central government rates paid to All India Services (IAS/IPS/IFS) officers within a fortnight.
The court also barred the state from indulging in “unproductive expenditures”, such as large-scale print or social media ad campaigns, until all dues were settled, directing the chief secretary to file a compliance affidavit by August 31.
{{/usCountry}}The court also barred the state from indulging in “unproductive expenditures”, such as large-scale print or social media ad campaigns, until all dues were settled, directing the chief secretary to file a compliance affidavit by August 31.
{{/usCountry}}The government failed to comply with the order and the chief secretary has not filed a compliance report even now. The state government moved the apex court on September 1. However, even as two months have passed, the appeals by the government and Punjab State Power Corporation Limited (PSPCL) are yet to be taken up by the apex court as the same are lying in defects.
The chief secretary is also facing criminal contempt in the same matter, pending before a different bench for making an alleged “false statement” over listing of the state’s appeal in the apex court.
The court noted that a single-judge order came in employees’ favour on April 8 and the state was given time to comply with the same by June 30. The government filed an appeal before the division bench and on August 3, the appellate court also ruled in employees’ favour with a fixed time till August 18 to comply with the order. The court had also sought a compliance report from the chief secretary by August 31, it further noted.
The court observed that “evidently” the directions have not been complied with and further compliance report has not been filed by the chief secretary. The court also took note of a communication placed before the bench by the petitioners in which the finance department on August 17 had told all the departmental heads that “court orders may not be implemented without prior concurrence of the department”.
The petitioners’ counsels had told the court that repeated opportunities have been granted to the government to avail remedy of appeal in the apex court.
On the other hand, the state’s counsel had sought time to file a compliance report, a request made on August 21 as well.
Taking a serious note, the court has now sought a personal affidavit from the chief secretary by October 30 on directions issued in employees’ favour on April 8 and August 3 and also directed to explain about the August 17 communication. The affidavit will be accepted on payment of ₹1 lakh fine, the court said, asking the chief secretary to remain present on November 3.