Sunday, December 9, 2012

Don’t defy court orders, SC warns babus


Don’t defy court orders, SC warns babusTakes former Chief Secy of Bihar to task, endorses fine slapped on him
R Sedhuraman
Legal Correspondent
New Delhi, December 8
Cautioning the authorities against taking court orders lightly, the Supreme Court has issued a “stern warning” to a retired Chief Secretary of Bihar, Gurminder Singh Kang, and endorsed the Rs 2,000 fine slapped on him for defying a Patna High Court order.
A Bench comprising TS Thakur and FMI Kalifulla, however, set aside the two-month sentence imposed on the IAS officer, who had had a service of more than 30 years, by the HC, taking into account his age and remorse.
The SC made it clear that it would not tolerate high-level officers who defied court orders with impunity in the first place and then tried to get away with their actions by offering regret and unconditional apology.
“Orders and judgments of the court are meant to be obeyed and not to be disobeyed with impunity. Of late, we come across several such instances where high-level officers of the administration display scant regard for the orders of the court and always come forward with lame excuses” for not complying with these, the Bench noted.
In his capacity as the Food and Civil Supplies Commissioner, Kang had cancelled the two promotions granted to Block Supply Officer Shiv Prasad Singh, ignoring a high court order. Singh had been dismissed from service in 1977 on the charge of corruption, but was reappointed in 1980 following a representation from him. The reappointment letter made it clear that he would not be entitled to promotions.


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