Punjab DA Case: High Court Sends Chief Secretary Contempt Matter to Roster Bench; Listed October 12ਪੰਜਾਬ ਡੀਏ ਮਾਮਲਾ: ਹਾਈਕੋਰਟ ਨੇ ਮੁੱਖ ਸਕੱਤਰ ਦੇ ਅਦਾਲਤੀ ਅਪਮਾਨ ਦਾ ਮਾਮਲਾ ਰੋਸਟਰ ਬੈਂਚ ਨੂੰ ਭੇਜਿਆ; 12 ਅਕਤੂਬਰ ਨੂੰ ਅਗਲੀ ਸੁਣਵਾਈ

The Punjab and Haryana High Court on Friday directed that the contempt case against Punjab Chief Secretary K.P. Sinha, arising from alleged non-compliance with its orders in the dearness allowance (DA) case, be placed before the bench having jurisdiction as per the roster. The matter has been listed for October 12, Live Law reported.

What did the court say on Friday?

A Division Bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor passed the order after being told that the Chief Secretary had no deliberate intention of making a false statement about the removal of defects in the state government's special leave petition (SLP) before the Supreme Court. Senior Advocate Vikas Singh and Advocate General Maninderjit Singh Bedi, appearing for the state, submitted that Sinha had no intention to mislead the court and was willing to offer an unconditional apology if the court so desired.

The bench, however, said: "This Court is enjoined with the task of ensuring that majesty of the court is not compromised in any way. Even suggestions questioning the propriety or conduct of proceedings have to be dealt with carefully." It then directed that the matter be placed before the roster bench dealing with contempt cases.

How did the contempt case begin?

On Tuesday, October 7, the High Court had issued a show-cause notice to Sinha asking him to explain why criminal contempt proceedings should not be started against him for allegedly "wilfully misleading" the court. The court acted after a report from the Supreme Court registry contradicted the state government's stand: several defects in Punjab's SLP had still not been removed, even though the Chief Secretary's affidavit had stated that the defects were cured and the appeal had been re-filed.

The bench noted on Tuesday that a re-filed but still defective appeal, coming almost a month after the first filing, prima facie indicated an attempt to misrepresent facts before the court. Senior advocates Sanjay Kaushal and Chetan Mittal, appearing for the employee unions, had submitted that the state's conduct was contemptuous and an attempt to scandalise the court's proceedings. Advocate General Bedi had maintained that the SLP was re-filed on October 1 and the registry may have raised some objections subsequently.

What is the underlying DA case about?

On August 3, the High Court had dismissed a batch of appeals filed by the Punjab government and Punjab State Power Corporation Limited (PSPCL), affirming that once the state adopted the Central Government pattern for dearness allowance and dearness relief, it incurred a binding obligation to release the accrued instalments and could not defer them indefinitely citing financial constraints. The judgment also barred the government from large-scale unproductive expenditure, such as advertising campaigns, until the dues were cleared.

The state filed an SLP in the Supreme Court on September 1, but the registry flagged defects including a deficit court fee and an unsigned vakalatnama. The arrears at issue are reported at about Rs 14,191 crore, and the High Court has said unpaid sums will carry simple interest of 6 per cent a year, a ruling that directly affects retired and serving state employees and pensioners.

What happens next?

The contempt proceedings will now be heard by the roster bench on October 12. The Chief Secretary's offer of an unconditional apology will be on the record before that bench, along with the Supreme Court registry's report on the SLP's status.

Why is Punjab's Chief Secretary facing contempt proceedings?

The High Court says the Chief Secretary made a statement that the defects in the state's Supreme Court appeal had been removed, but the Supreme Court registry's report showed the defects were still pending — a prima facie misstatement of fact before the court.

How much DA is pending?

The reported arrears are about Rs 14,191 crore in dearness allowance and dearness relief for state employees and pensioners.

When is the next hearing?

The matter has been listed before the roster bench on October 12.