Chandigarh: The Punjab and Haryana High Court has issued a contempt notice to the state’s Chief Secretary, KAP Sinha, in connection with the pending dearness allowance (DA) payments to Punjab government employees and pensioners. The court has asked why criminal contempt proceedings should not be initiated against him.
A division bench of Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor questioned the information presented to the court regarding the status of the Special Leave Petition (SLP) filed by the Punjab government in the Supreme Court.
Court Seeks Response on the Status of the SLP
During the hearing, the High Court noted that the objections raised by the Supreme Court Registry in the SLP have not yet been addressed. Despite this, the government stated that the SLP had been refiled after the deficiencies were rectified.
Citing information on record, the court stated that prima facie, the Chief Secretary appears to have presented false facts to the court. Based on this, a notice has been issued to him seeking clarification.
The High Court directed KAP Sinha to appear in person on October 9th and file an affidavit explaining why criminal contempt proceedings should not be initiated against him.
Punjab Government Raised the Issue of ‘Bench Hunting’
During the hearing, the senior advocate representing the Punjab government argued that a Special Appeal (SLP) has been filed in the Supreme Court challenging the High Court’s earlier decision, and a contempt petition related to the same matter is also pending before a single bench.
The government also alleged that the petitioners were ‘bench hunting’ the case for hearing. However, the High Court did not accept this argument and instructed the lawyer to exercise caution in his statements to the court.
Court refuses to delve into political aspects
During the hearing, the Punjab government also mentioned the upcoming assembly elections. The High Court clarified that it would not delve into any political aspects of the case and would only hear the legal issues.
The Court also stated that the government has the right to challenge its decision in the Supreme Court, but it must comply with the court’s orders and complete the appeal process in the prescribed manner.
What is the DA dispute?
This case involves the pending payment of DA and arrears to Punjab government employees and pensioners. Employee organizations have long been demanding the release of DA and arrears as per the central government’s pattern. Following the High Court’s earlier orders, the Punjab government filed a Special Appeal (SLP) to challenge them in the Supreme Court. However, the matter has come back into the spotlight after objections from the Supreme Court Registry and questions raised in the High Court regarding the status of the SLP. The next hearing in the case will be held on October 9. During this period, Chief Secretary KAP Sinha will have to personally appear in the court and present his side.
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