“Too busy in elections & extra-curricular activities?”: SC Issues Contempt of Court Notice to Jharkhand Chief Secretary

On Tuesday(20th August), the Supreme Court of India issued a contempt notice to Jharkhand Chief Secretary L Khiangte and other officials for failing to comply with orders to compensate 22 individuals denied Class-IV appointments despite selection in 1992.

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"Too busy in elections & extra-curricular activities?": SC Issues Contempt of Court Notice to Jharkhand Chief Secretary

NEW DELHI: The Supreme Court of India took a firm stand on Tuesday(20th August), by issuing a contempt of court notice to Jharkhand Chief Secretary L Khiangte and other state officials. The notice was issued in response to a petition that accused the state of non-compliance with the Supreme Court’s previous orders to compensate 22 individuals who were denied appointment to Class-IV positions, despite being selected in 1992.

The division bench, consisting of Justice Surya Kant and Justice Ujjal Bhuyan, expressed their dissatisfaction with the state’s handling of the matter. The Court highlighted the importance of adhering to its directions and questioned the priorities of the state government.

Justice Surya Kant remarked

“The State of Jharkhand is preoccupied with elections and other activities that appear to be of higher priority.”

reflecting the Court’s frustration with the state’s apparent disregard for the Court’s orders.

The Supreme Court had previously issued directions to the state of Jharkhand on October 3 of the last year. These directions were aimed at ensuring that the 22 candidates, who had been unfairly denied their appointments, were compensated appropriately. The State’s Standing Counsel has now been asked to seek instructions regarding compliance with these orders.

Background of the Case

The initial selection of candidates for Class-IV posts taking place in 1992. However, despite their selection, these individuals were never appointed to their respective positions. After years of legal struggles, the Jharkhand High Court directed the state to issue appointment orders to the affected candidates. The state government, however, appealed this decision in the Supreme Court.

In reviewing the appeal, the Supreme Court took into account the significant time gap since the original selection. The bench, which at the time included Justice Surya Kant and Justice Dipankar Datta, concluded that the possibility of providing effective relief by appointing the candidates had been rendered impractical.

Compensation as a Relief Measure

Given the complexities and the passage of time, the Court decided that compensating the candidates was the most viable form of relief. It was noted that out of the 22 candidates, three had unfortunately passed away, and 16 had reached the age of superannuation, making them ineligible for appointment. Among the remaining three candidates, two were not interested in the appointment, and there was no information available about the last candidate.

Despite these challenges, the Court was mindful of the “hardships faced by the candidates and their families in the decades-old case.” As a result, the Court ordered the state to pay Rs.10 lakh as compensation to each of the 19 living candidates or their families. For the families of the three deceased candidates, the compensation amount was increased to Rs.15 lakh each.

Despite these clear directives from the Supreme Court, the state of Jharkhand has reportedly failed to comply with the orders, leading the aggrieved candidates to once again approach the apex court under the Contempt of Courts Act. The Supreme Court’s decision to issue a contempt notice to the Chief Secretary and other officials signals the seriousness with which the Court views this non-compliance.

This latest development underscores the Court’s determination to enforce its rulings and ensure justice for those who have been waiting for decades. The case continues to be a significant legal and social issue, reflecting broader concerns about the efficiency and responsiveness of state authorities in following through on judicial decisions.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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