Punjab govt faces High Court heat over DA dues; Chief Secretary gets criminal contempt notice
PTC Web Desk: The Punjab Government came under sharp criticism from the Punjab and Haryana High Court on Tuesday during a hearing concerning the release of Dearness Allowance (DA) to government employees.
The HC questioned the state government's continued delay in complying with its earlier directions and also raised serious concerns over the status of its appeal before the Supreme Court.
In a significant development, the Punjab an Haryana High Court issued a criminal contempt notice to Punjab's Chief Secretary, asking him to explain why contempt proceedings should not be initiated against him. The court has sought a response by Friday, October 9.
Also Read | High court summons Punjab chief secretary again over non-compliance of DA order, seeks status report
High Court questions delay in Supreme Court appeal
During the hearing, counsel representing the government employees informed the court that defects in the Punjab government's appeal before the Supreme Court had still not been rectified.
The employees' counsel also pointed out that the power of attorney in the matter had not been signed, raising questions over the government's claim that it had effectively challenged the High Court's earlier order.
The Punjab Government was represented during Tuesday's hearing by senior Supreme Court advocate Vikas Singh.
The court expressed displeasure over the government's repeated assertion that the High Court's directions had been challenged before the Supreme Court despite the appeal apparently remaining defective.
‘You filed a defective appeal, How will it be heard?’
The Chief Justice questioned why the Supreme Court proceedings had not moved forward if the state had genuinely challenged the High Court's order.
The court observed that the appeal had been filed on September 1, while the hearing was taking place on October 6, yet the reported defects had not been removed.
The Bench questioned whether the state was deliberately allowing the matter to drag on, noting that a large number of Punjab Government employees were closely watching the developments.
The court also referred to its earlier order of August 3, under which the government had been directed to release the DA within 15 days.
Court questions compliance with August 3 order
The Chief Justice noted that the August 3 direction had not been complied with. The court further questioned the government's intention behind not correcting the defects in its Supreme Court appeal, observing that such defects could potentially be rectified within a short period.
With the state government allegedly failing to take the required action, the court said it had summoned the Chief Secretary.
Employees seek details of government advertisement spending
During the proceedings, the lawyers representing government employees also raised the issue of expenditure on government advertisements. They argued that, in accordance with the High Court's directions, the government should be required to provide a complete account of the money spent on advertisements.
The employees' counsel stressed that the expenditure involved public money and taxpayer funds and argued that such money should not be used for government publicity while employees' legitimate dues remain unresolved.
Govt calls employees ‘politically motivated’
During the hearing, government counsel Vikas Singh alleged that the employees involved in the case were politically motivated. The Chief Justice, however, questioned the relevance of the allegation and told the government's counsel to focus on the conduct and actions of the government itself.
The employees' lawyer strongly rejected the political-motivation claim, arguing that the government employees were simply seeking their legitimate dues.
The counsel also highlighted the situation of elderly pensioners, pointing out that some pensioners were around 95 years old and arguing that their concerns could not be ignored.
Employees question repeated reference to contempt petition
The employees' side also objected to the government's repeated reference to a separate contempt petition. According to their counsel, the government had been pointing out that the contempt matter was scheduled for hearing on October 27.
The employees' lawyer argued that this should not prevent the High Court from examining the government's compliance with its own earlier directions in the present proceedings.
Court takes serious note of Chief Secretary’s statement
The most serious development came when the High Court examined the statement attributed to the Chief Secretary regarding the status of the Supreme Court appeal.
The court noted that the Chief Secretary had apparently stated that the defects in the appeal filed before the Supreme Court had been removed. However, material placed before the court subsequently indicated that the defects had not been rectified.
The Chief Justice said the statement made by the Chief Secretary had turned out to be incorrect and took a serious view of the court being allegedly provided with inaccurate information.
Criminal contempt notice issued
Against this backdrop, the High Court issued a criminal contempt notice to the Chief Secretary. The court directed him to explain why contempt proceedings should not be initiated against him for the alleged incorrect information provided to the court.
Vikas Singh, who joined the hearing through video conference from Delhi, said he was prepared to appear personally before the court on Friday and argue the government's case.
The matter has now been adjourned until Friday, October 9, when the Chief Secretary's response is expected to come before the court.
- PTC NEWS
