P&H High Court Imposes ₹1 Lakh Costs On Punjab Chief Secretary In Contempt Plea Over Non-Payment Of DA Arrears

  • P&H High Court Imposes ₹1 Lakh Costs On Punjab Chief Secretary In Contempt Plea Over Non-Payment Of DA Arrears
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    The Punjab & Haryana High Court today imposed ₹1 Lakh costs in contempt plea against Chief Secretary KP Sinha over-non compliance of the High Court's order for payment of pending dearness allowance (DA) to government employees.

    Justice Harsh Bunger also directed the Chief Secretary to file his affidavit explaining non compliance of the direction and to remain present on the next date.

    In August, the High Court had dismissed a batch of Letters Patent Appeals filed by the Punjab Government and Punjab State Power Corporation Limited (PSPCL), affirming that once the State adopted the Central Government pattern for grant of Dearness Allowance and Dearness Relief, it incurred a binding obligation to release the accrued instalments and could not defer them indefinitely under the guise of financial constraint.

    In the Previous hearing, the Court had sought status of filing of the SLP against the High Court's order.

    Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor perusing the report had noted that the the defects pointed out by the Supreme Court Registry have not been removed, contrary to the statement made by the Chief Secretary that the government had re-filed the SLP after removing the defects. It thus sought an explanation from Chief Secretary.

    AG Punjab Maninderjit Singh Bedi had then submitted that the SLP was re-filed on October 01 and the Registry may subsequently have raised some objections.

    However the Court noted, "When the statement was made that appeal has been re-filed, what was intended to be conveyed to the Court was that defects in the filing of the appeal have been cured...re-fling a defective appeal when almost a month has expired since filing of the defective appeal prima facie indicates that attempt was only to misrepresent the facts before the Court."

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