Supreme Court Issues Contempt Notice To AIIMS Acting Director Over Failure To File Affidavit

The Supreme Court recently issued a contempt notice to Dr Nikhil Tandon, Acting Director, AIIMS, in New Delhi, after he failed to file an affidavit sought by the Court.

The case arises from a matrimonial dispute where the Court ordered a DNA test of the parties and the child born to them. It directed AIIMS to conduct the DNA test, but a report was filed that the person incharge to conduct the DNA test has retired and therefore, it can't be performed.

The Court took exception to the fact that the Director, AIIMS, could have sought permission from the Court to engage the services of the person who had superannuated, as he was aware how important the DNA test was in this case and that the Court was relying upon the services of AIIMS. It then impleaded the Director, AIIMS, as Respondent 3 and sought an explanation on the same.

When the matter was taken up on May 27, a bench comprising Justice Ahsanuddin Amanullah and Justice R Mahadevan was informed that the Director, AIIMS, has demitted office. It was told to the Court that since the concerned person demitted the office, the Deputy Secretary, AIIMS, was authorised to file the affidavit.

The bench took strong objection to this, stating that the Court had specifically sought an explanation to be furnished by the Director, AIIMS. It remarked that it is not within the discretion of any person to authorise someone else to file an affidavit.

The case became more peculiar when the AIIMS counsel informed that there is no permanent Director in AIIMS as of now since he has demitted the office recently. It was informed that there is a person who is currently acting Director. When the Court inquired why the Acting Director didn't file an affidavit, it was told that he was only working in a temporary capacity.

The Court found the reasoning absurd and shocking that such excuses are being taken to not perform his duties and responsibilities. It therefore issued a contempt notice to the Acting Director.

"We are not only surprised but shocked at the said response. Any person who is on a post, either in substantive capacity or in acting capacity, has to take responsibility and perform the duty of the post held by him/her in whatever capacity it may be. We will not give benefit of doubt to the present Director/Acting Director of any ignorance. Accordingly, in the Court's tentative view, the present Acting Director, AIIMS, New Delhi has committed contempt. Accordingly, Dr. Nikhil Tandon, Acting Director, AIIMS, New Delhi is impleaded as party respondent no.4. Notice in contempt is issued against him."

The bench has now impleaded the Acting Director, AIIMS, as a party and has asked him to be personally present with an explanation on July 7. 

As for the main matter, the DNA test has been performed, and it has been found to match the parties. Accordingly, the matter has been disposed of in this regard. It has now asked the petitioner's counsel to place the DNA report to the Allahabad High Court, which is hearing the matter.

Case Details: PRATIBHA KASHYAP v. STATE OF UTTAR PRADESH & ORS.|Miscellaneous Application Nos.16-17/2026 in SLP(Crl) Nos.16815 16816/202

Click Here To Read Order

Appearances: For Petitioner(s) Ms. Surabhi Sanchita, AoR

For Respondent(s) Mr. Ankit Goel, AoR Mr. Sahil Kapoor, Adv. Mr. Anil Kumar, AoR Mr. Vishal Tiwari, Adv. Mr. Dhruv Singh, Adv. Mr. Pradeepkumar R, Adv. Mr. B. Shenbagam, Adv. Mr. Sudip Patra, Adv. Ms. Santosh, Adv. Mr. Vikrant Narayan Vasudeva, AoR