Ministry of Information and Broadcasting of being in contempt of the Top Court's judgment dated September 26, 2018, wherein directions were issued to the Ministry to provide departmental candidates with all benefits of service and to consider their cases for promotions in accordance with Indian Broadcasting (Programme) Service Rules 1990.
Senior Counsel KK Rai appeared for the petitioner and Additional Solicitor General KM Nataraj for the Union of India.
Senior Counsel KK Rai appeared for the petitioner and Additional Solicitor General KM Nataraj for the Union of India.
The division bench of Justice DY Chandrachud and justice MR Shah opined that, "We are unimpressed by this explanation in the compliance affidavit. The reason why the petitioner could not avail of his promotion earlier was due to the fault of the authorities. The judgment of the Tribunal was delivered on 8th November, 2000. There was no stay of the decision of the Tribunal or of the High Court affirming it. Consequently, it is the failure of the Ministry of Information and Broadcasting to implement the binding judgments of the Tribunal and the High Court and eventually of this Court that has led to the present situation. Even after the judgment of this Court, no steps were taken.
As a result, contempt proceedings had to be instituted which were disposed of on the assurance of the ASG who appeared on behalf of the Ministry of Information and Broadcasting that the directions would be complied with. Now, this Miscellaneous Application has been filed for a revival of the contempt proceedings because of non-compliance. There is a clear non-compliance with the directions of this Court."
Bench also observed that, "The grant of notional promotions to a person in service does not effectuate compliance. Arrears of pay have to be paid over. Had there been compliance with the judgments of the Tribunal and High Court (which have been confirmed by this Court), the petitioner would have received promotion earlier. The petitioner has been deprived of this due to the delay of the respondents."