Chief Secy should have faced contempt proceedings: HC

Saurabh Malik

Tribune News Service

Chandigarh, September 26

The Punjab and Haryana High Court has made it clear contempt proceedings should have been initiated against the Haryana Chief Secretary in connection with the selection of Assistant Professors.

The development took place on an appeal filed by Additional Chief Secretary Vijai Vardhan and Haryana Public Service Commission (HPSC) former secretary Bhupinder Singh. They had challenged a Single Judge’s order of March 30, holding them guilty of contempt.

After hearing counsels Ravinder Malik, BS Rana, Akshay Bhan, Ashwani Talwar and other lawyers, the Bench set aside the impugned order of the Single Judge.

Disposing of the contempt appeals, the Bench of Justice M Jeyapaul and Justice Sneh Prashar said the contempt court should have looked into the Chief Secretary’s conduct and appellant’s alleged role.

“The court, which dealt with the contempt has, in fact, made an observation that the contention of the Chief Secretary shall be considered on the next date of hearing. In the fitness of things, contempt proceedings should have proceeded against the Chief Secretary, along with other contemners, more especially when his role is found to be intertwined and interlaced with the role played by the appellant Vijai Vardhan,” the Bench said.

It added that the counsel for the respondent (petitioner in the contempt case) also intended to make the Chief Secretary and others as parties to the contempt proceedings. “Let him do so. Thereupon, notice be issued to the Chief Secretary and others concerned in the contempt proceedings. After affording sufficient opportunity to all parties concerned, let the court dealing with contempt, pass a composite order in the Contempt Petition.”

The contempt petition was filed by Sunil Kumar. The Court had, in February 2014, directed the HPSC to make recommendations by October 2014. The state was, thereafter, asked to complete the process of appointments by December 31, 2014. The deadline was extended to February 15, 2015. But the requisition sent by the state to the commission was withdrawn.

The HC was told the court orders were duly communicated. But the government represented by the Chief Secretary communicated to the appellant that the government had decided to withdraw all requisitions, including 1,396 posts of Assistant Professor, college cadre, in various subjects. It was submitted the appellant was completely restrained from giving effect to the orders passed by the court on account of directions from the Chief Secretary.