High Court initiates Contempt proceedings against DoP officer

GANGTOK, 29 May: The division bench of the Sikkim High Court has initiated Contempt proceedings against Additional Secretary, Department of Personnel, Trilochan Sharma, for violating the High Court order to not give effect to the transfer order served on Special Commissioner, Commercial Tax Division, HB Rai, Special Commissioner Commercial Rax Division, Finance Revenue and Expenditure Department, until his petition was disposed off.
Mr. Rai had been transferred out as Registrar, Sikkim Manipal University, on 28 November 2011. The High Court had impugned this order on 14 March 2012 and directed the DoP not to give effect to it until disposal of the case. The Department initially abided by the Court order and issued an order on 04 April allowing Mr. Rai to continue as Special Commissioner.
However, on 11 May, 2012, the Department withdrew the last order allowing Mr. Rai to continue as Special Secretary. “This amounts to put in operation the original order of transfer dated 28.11.2011 which had been stayed by this Court in presence of Mr. Karma Thinlay Namgyal, learned Govt Advocate on 14.03.2012,” the High Court Division Bench comprising of Chief Justice Permod Kohli and Justice SP Wangdi records in its order of 22 May.
The division bench has now issued notice to the Additional Secretary to show cause “why rule be not framed against him and he be punished for Contempt of Court”. The officer was directed to appear in person before the Court on 29 May.
The Court was not satisfied with the affidavit filed by the Additional Secretary today, and the Government Advocate withdrew the affidavit and will now be submitting a fresh affidavit as per the directions of the Court.