Supreme Court stays contempt proceedings against Punjab Chief Secretary over pending DA arrears

The Supreme Court on Thursday stayed the criminal contempt proceedings initiated by the Punjab and Haryana High Court against Punjab Chief Secretary K.P. Singh for failing to comply with state government instructions to pay pending Dearness Allowance (DA) arrears to employees and pensioners. The apex court passed this order while questioning the necessity of sending the top bureaucrat to jail in this dispute.

A bench of Justice B.V. Nagarathna and Justice R. Mahadevan took this decision after Senior Advocate Vikas Singh, appearing for the state government and the Additional Chief Secretary, informed the court that the High Court was initiating criminal contempt proceedings against Singh on a matter that had already been resolved. The bench asked the petitioner, "Why are you interested in sending the Chief Secretary to jail? We will stay the contempt. Other proceedings may continue."

Advocate Ravi Sharma, appearing for petitioner Manjit Singh Randhawa, argued in court that the Chief Secretary had sent an internal message to all departments stating that court orders did not need to be followed. However, the Supreme Court raised objections against the petitioner relying on this internal message. The bench remarked, "You cannot press for contempt based on this internal message. We do not appreciate such a method of pressure. You cannot initiate criminal contempt due to departmental messages."

The court further questioned whether it would constitute criminal contempt if the Chief Secretary advised not to comply with the court order because the state government intended to approach the Supreme Court. The court reviewed the High Court's orders dated October 12 and October 13, which had directed Singh to appear personally on Thursday.

The background of the entire dispute is that the Punjab government had not complied with the High Court's August 3 instructions to pay pending DA and DR (Dearness Relief) installments to employees and pensioners at the rates applicable to All India Services officers serving in the state, as per the Central Government pattern. The High Court had ordered the government and Punjab State Power Corporation Limited to clear the arrears within a fortnight with 6 per cent annual interest on delayed payments. Employees and pensioners approached the High Court after the state failed to meet this deadline.

On October 12, the High Court issued a notice to Singh asking why criminal contempt proceedings should not be initiated against him. Subsequently, the High Court directed him to appear personally on November 5. The High Court also questioned that merely filing an appeal in the Supreme Court does not exempt the state from its responsibility unless the apex court stays or modifies the order. The High Court also imposed a fine of ₹1 lakh on the state government for failing to file a response to the contempt petition.

According to the status report filed in the High Court, Singh stated that the state's pending DA/DR liability for the period from July 1, 2021, to September 30, 2026, is ₹22,818 crore, while the total pending liability towards employees and pensioners is ₹32,418 crore.

K.P. Singh is serving as the Chief Secretary of Punjab and is the highest-ranking official of the state's administrative machinery.