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In a rare order against the administration of a union territory, the Circuit Bench of the Calcutta High Court in Port Blair on Thursday suspended a top official of the Andaman and Nicobar administration – chief secretary Keshav Chandra. The court also imposed a hefty fine of Rs 5 lakh on lieutenant-general Admiral DK Joshi, to be paid from his own funds in seven days.
The matter is related to ongoing contempt proceedings against them. The court said it finds “flagrant and reprehensible contempt on the part of the contemnors Admiral DK Joshi, lieutenant governor, Andaman and Nicobar Islands, and Keshav Chandra, chief secretary, Andaman and Nicobar administration”.
The double bench, in its order, said: “In view of the above and in view of the conduct of the contemnors indicated… This court is left with no option than to direct that the Contemnor No 2, 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 stated.
“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 HC in Calcutta, a sum of Rs 5,00,000 from his own funds, within a period of seven days from date,” the order stated.
The bench has also said on the adjourned date, Admiral Joshi should appear in virtual mode and the chief secretary of the Andaman and Nicobar administration should be present in court, and shall show cause as to why they should not be sent to prison for being in contempt of the court.
The court observed that the contemnors have not even bothered to file an affidavit. “This conduct is ex facie contumacious and has reduced the contempt jurisdiction of a division bench of this court under Article 215 of the Constitution of India to a mockery,” the order stated.
The court also ordered that a copy of the order be sent to the ministry of home affairs, department of personnel and training, as well as the principal secretary to the Government of India.
The Supreme Court on Friday stayed the order of Circuit Bench of Calcutta High Court on both the directions. The matter has been listed for next week.
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