Never expected such lethargic and lawless behaviour: Andhra Pradesh High Court finds 8 IAS officers guilty of contempt

The Andhra Pradesh High Court recently found eight Indian Administrative Service (IAS) officers guilty of contempt of court for wilful disobedience of an interim order [In re v. Gopal Krishna Dwivedi]..While Justice Battu Devanand initially sentenced the contemnors to two weeks of simple imprisonment and a fine of ₹1,000, on the petitioner’s request for a pardon in light of their age and services rendered, the Court ordered them to carry out social work."This Court after considering the submissions of the Respondents and considering their age and the interest of the families of the contemnors, in the opinion of the Court, it is not desirable for sending them into jail in the present situation of COVID-19 pandemic.".The judge, thus, directed the contemnors to visit one welfare hostel assigned to each of them on one Sunday every month for 12 months, spend time with the students and wards to motivate them and arrange either a sumptuous lunch or dinner by spending their personal money..The present contempt case arose when the parents of primary school students moved the Court against the construction of a village secretariat in the school premises.It was their grievance that on construction of the same in the school premises, the atmosphere of the primary school would be spoiled due to the movement of so many people every day, and it would therefore hamper the school’s healthy atmosphere..On considering this issue, the Court had found it to be of importance and passed an interim order directing the respondents to refrain from undertaking any construction activity until further orders.However, when the case was listed for hearing next, the Court was informed that the respondents began construction at the school premises. Even after the lapse of a year, all but two respondents failed to file counter-affidavits.Therefore, contempt proceedings were initiated, following which the present respondents filed their affidavits..On going through all the details enumerated in the affidavits that the orders of the Court were implemented in letter and spirit, the single-judge found that none of the steps for implementation were taken until initiation of the suo motu contempt case. The Court concluded that the interim order was not being implemented in true spirit..Justice Devanand remarked that it was common knowledge that children joining government and local body schools hailed from poor and middle class families, and the inaction of the respondents proved their lack of concern towards these people.“Due to deliberate violation of the orders of the Court, the poor students, who are studying in Government and Local Body Schools suffered. This Court never expected such lethargic and lawlessness behaviour from the senior officers of All India Service.”.Although the respondents were found guilty, their apology was accepted and the punishment was remitted.The Court directed the contemnors to send a photo of their visits every month to the Registrar (judicial). Should they fail to fulfil their undertaking, the Registry was directed to reopen the case..[Read Order]