The Supreme Court, in furtherance of non-compliance of its directions, imposed a fine of Rs. 1,00,000 on the Ministry of Information & Broadcasting. The Ministry failed to comply with apex court’s verdict passed on September 26, 2018.
In the instant case, the aggrieved petitioner (a departmental candidate) filed a plea for the revival of contempt proceedings against the Ministry as the latter failed to provide departmental candidates with all the benefits of service and consider their applications for promotion, which had been in accordance with the Indian Broadcasting (Programmer) Service Rules, 1990.
After listening to both the parties, the bench seemed unimpressed by the Ministry’s explanation through its compliance affidavit. It further blamed the Ministry as it had been unable to avail petitioner’s promotion.
The bench added that the petitioner, who is currently in service, could not avail his promotion earlier due to the fault on part of the respective authorities. The bench noted that the judgment of Tribunal had been delivered in the year 2000 and the High Court did not affirm any decision of staying it.
The bench traced the procedural history of the issue and highlighted Ministry’s failure to implement the binding judgements of Tribunal, High Court and the apex court as well.
The bench justified the re-institution of contempt proceedings which were dropped on the assurance of the Additional Solicitor General that the Ministry would comply with the directions. However, no heed was paid towards it and the non-compliance led to revival of contempt proceedings.
Apart from the fine, the bench also directed the Ministry to pay to the petitioner the actual benefits which included arrears of salary, with effect from the date promotion had been granted to him, along with the interest @6% p.a.
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