DA Arrears Case: Punjab and Haryana High Court Issues Contempt Notice to Chief Secretary KAP Sinha

The Punjab and Haryana High Court has issued a contempt notice to Punjab Chief Secretary KAP Sinha over the alleged presentation of incorrect facts in a case concerning dearness allowance (DA) payments to employees and pensioners.
The development came after the High Court took a serious view of claims made regarding the removal of defects in the Special Leave Petition (SLP) filed by the Punjab government before the Supreme Court. The court had also expressed strong displeasure during Monday’s hearing over the government’s statements regarding the status of the appeal.
The division bench comprising Chief Justice Ashwani Kumar Mishra and Justice Rohit Kapoor has questioned the facts presented in the affidavit filed by the Chief Secretary. The bench has asked why criminal contempt proceedings should not be initiated against him for allegedly “deliberately misleading” the court.
The Chief Secretary has also been directed to appear personally before the High Court during the next hearing on Friday.
The issue came to light after the High Court received a report from the Supreme Court registry regarding the status of the Punjab government’s appeal. The bench observed that the report from the Supreme Court registry made it clear that an incorrect statement had been made before the High Court during the previous hearing.
During Monday’s hearing, the bench had directed the High Court registry to obtain information from the Supreme Court registry regarding the current status of the appeal filed by the Punjab government. The Chief Secretary was also directed to remain personally present before the court.
The High Court had questioned why the Punjab government appeared to be delaying the matter. The court observed that if the state government had filed its appeal before the Supreme Court on September 1, the matter should have progressed by now.
The court also noted that the Punjab government had already been given three opportunities to pursue its legal remedy before the Supreme Court, resulting in repeated adjournments of the hearing. The bench observed that the government appeared to be using the legal proceedings as a means to delay the matter.
The controversy relates to the payment of dearness allowance to Punjab government employees and pensioners. The Chief Secretary had earlier filed an affidavit claiming that defects in the appeal had been rectified and that the petition had been refiled.
During Monday’s proceedings, the High Court had warned that the government would have to face consequences if its claims were found to be incorrect.
Earlier, the High Court had directed the Punjab government to make payment of the due dearness allowance to employees and pensioners within 15 days. The Punjab government challenged the High Court’s decision before the Supreme Court on September 1.
The latest order has now put the focus on the status of the government’s Supreme Court appeal as well as the statements made before the High Court regarding the removal of defects in the petition.