Law Kumar Mishra
Patna, August 20
The Supreme Court had directed the Secretary with the Information and Broadcasting ministry and the Jharkhand cadre IAS officer, Amit Khare to pay Rs 1 lakh to a journalist for contempt of court.
This is for the first time that Supreme Court has imposed a heavy fine on the Union government official for contempt of the court. Apex court also directed the Union government to pay arrears to petitioner Sudhanshu Ranjan, currently posted as additional director general of Prasar Bharti at Kolkata, who fought the legal battle for over three decades.
Sudhanshu Ranjan from Patna who started his journalistic career in 1988 contested a long legal battle at different stages including Central Administrative Tribunal (CAT), High court and supreme court. Amit Khare had submitted two affidavits in the supreme court declaring on oath he was conversant with all the facts.
Government of India in I&B ministry was not implementing the orders of CAT, High Courts and even Supreme Court compelling the government controlled Prasar Bharti journalist to move a petition in supreme court in July 10. Court found the I&B ministry guilty of contempt on August 17.
In 1988, 51 TV journalists were appointed for DD in senior class I and class I scales through open competitive exam (written and two rounds of interview). It was done on the recommendation of P. C. Joshi Committee’s report to professionalize DD and make it a world class broadcaster.
However, in 1990, when Indian Broadcasting Programme Service (IBPS) was created, they were not included in it. Some of them moved court and the union government gave undertaking that a new channel of promotion for them was being created. But it never happened. In 2000, CAT, Hyderabad, have judgement, directing the government to induct them into IBPS.
The government moved the Andhra Pradesh High court and sought repeated adjournments. Finally, the High court in 2014 upheld the decision of the CAT.
The government filed an SLP in the Supreme Court which upheld the decision of the CAT and High Court. The judgement was delivered on 26 September 2018.
However, it was not implemented, and the Ministry of Information and Broadcasting sent the file to the Ministry of Law proposing to review the case. The Ministry of Law rejected the proposal twice. Then ASG Pinky Anand also wrote clearly that it was not a case of review.
Still the ministry did nothing to implement. Then Sudhanshu Ranjan filed contempt petition in the Supreme Court. Only then there was some movement. After seeking several adjournments, the ministry filed an affidavit, as directed by the court, on November9 2019, that the judgement would be implemented within three months. On November 29, 2019, the Supreme Court asked them to implement within three months. Thus, the ministry got twenty days more. The three months period was over on February 27, 2020. Orders for promotions up to the level of JAG(SG) were issued in March 2020, and the last promotion was given from April 2007 on notional basis denying arrears. But order was not issued for promotion into Senior Administrative Grade (SAG).
Finally, Sudhanshu Ranjan revived his contempt on 10 July 2021. As the petition was filed, the ministry issued order on 26 July 2021, i.e., within 16 days of filing the revival petition. The promotion was given from 12 April 2013 on notional basis denying arrears. The court asked the government to file affidavit. Finally, on 16 August last, the court held that the ministry was in contempt and posed a fine of Rs 1 lakh to be recovered from the officers responsible for compliance and ordered to pay arrears with 6 per cent interest
The officers should be kicked out from their posts