CHANDIGARH: The Punjab and Haryana High Court on Tuesday issued a contempt notice to Chief Secretary KAP Sinha for allegedly misrepresenting facts about the State’s Supreme Court appeal against the HC order on pending dearness allowance (DA) payments to government employees.
The court asked Sinha to explain why criminal contempt proceedings should not be initiated against him for “willfully misleading” the court and making a “prima facie false statement” in the ongoing DA case. He has also been directed to remain present on Friday, the next date of hearing.
A Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor issued the order. The action followed revelations that the Punjab government’s appeal remained defective before the apex court, contradicting Sinha’s statement on Monday that a fresh appeal had been filed after curing all defects.
The directive came during a hearing on two applications filed by Punjab government employees and pensioners alleging non-compliance with the court’s August 3 judgment.
The High Court had sought a status report from the Supreme Court Registry on Monday amid conflicting claims by the petitioners and the State. The report showed that the defects pointed out by the Supreme Court Registry in Punjab’s appeal had not been removed. It also showed that the appeal filed by Punjab State Power Corporation Limited (PSPCL) continued to remain defective.
“From the report of the Registry of the Supreme Court, it is apparent that a false statement was made before the court yesterday,” the Bench observed.
The Bench also recorded that an affidavit had not been filed despite its direction in the August 3 judgment requiring the Chief Secretary to file it by August 31. The matter was subsequently placed before it on applications filed by the petitioners and interveners under Article 215 of the Constitution.
On August 3, the High Court had directed the State to release all up-to-date pending instalments of dearness allowance/dearness relief (DA/DR) to its employees and pensioners, respectively, at the same rates as paid to All India Services (IAS/IPS/IFS) officers serving in Punjab.
Senior advocate Vikas Singh, representing the Punjab government, accused the petitioners of “bench-hunting” and cited tedious documentation processes in State appeals while seeking an adjournment.
While agreeing to defer the hearing to Friday, the Bench took serious note of the Chief Secretary’s statement, directing him to show cause against criminal proceedings and requiring his personal presence at the next hearing.
The court had on Monday described the State’s conduct in pursuing its Supreme Court remedy as “playing hide and seek” and directed verification of the appeal’s status.