Calcutta HC Port Blair bench fines Lt Guv of Andamans, suspends chief secy

In a significant development, Andaman and Nicobar Islands Chief Secretary Keshav Chandra was suspended while Lt. Governor DK Joshi fined Rs 5 lakh (which he has to bear from his own fund) on Thursday for not complying with an earlier order by the Port Blair bench of the Calcutta High Court on releasing benefits to workers.

The earlier order passed on December 19 last year had awarded higher pay and DA to nearly 4,000 Daily Rated Mazdoors (DRMs) employed by the island administration.

Speaking to PTI, Advocate Gopala Binnu Kumar, who appeared on behalf of the Andaman Sarvajanik Nirman Vibhag Mazdoor Sangh, welcomed the court's decision.

 

"I welcome the court's decision. The administration headed by the chief secretary and the lieutenant governor were found guilty by the court for non-compliance of its order to release the benefit of 1/30th pay plus dearness allowances for DRMs which is pending since 2017," he said.

While elaborating about the case, he said, "There are nearly 4,000 DRMs (who didn't get benefits) in Andaman and Nicobar Islands and as per a Supreme Court order in 1986, the DRMs discharging their duties on a par with regular employees are entitled for the financial benefit of 1/30th pay plus dearness allowances.

"However, on September 22, 2017, the local administration here issued a memorandum stating that one-time wages will be given to DRMs and they have selectively chosen the beneficiaries. The matter was challenged by us in the court after the administration again issued a memorandum stating that left out DRMs will get their wages from May 9, 2023 onwards and not from 2017 as instructed by the court."

"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, the order passed by Justice Rajasekhar Mantha and Justice Bibhas Ranjan De, reads.

It further reads, In view of the blatant contumacious conduct of Admiral DK Joshi, this court directs him to deposit with the registrar of the Port Blair Bench of the High Court at Calcutta, a sum of Rs 5,00,000 from his own funds, within a period of seven days from date. On the adjourned date, Admiral DK Joshi, Lieutenant Governor shall appear in virtual mode and the Chief Secretary, Andaman and Nicobar Administration, shall be personally present in this court and 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 matter has been listed for next hearing on August 17.