The Supreme Court on Friday directed the demotion of a Deputy Collector in Andhra Pradesh for disobeying the High Court’s orders and forcibly demolishing slum-dwellers’ huts in Guntur district, which led to their displacement.
A bench comprising Justice BR Gavai and AG Masih ordered the State of Andhra Pradesh to demote the petitioner-Deputy Collector, to the position of Tahsildar and imposed a fine of Rs.1 lakh to be deposited within four weeks.
The Court was hearing a plea filed by the Deputy Collector challenging a High Court order that found him guilty of contempt of court and sentenced him to two months’ simple imprisonment.
The Court specifically emphasised that when a Constitutional Court, or any other Court, issues a direction, every authority, no matter how high, must comply. Disobedience of a Court’s order undermines the foundation of the rule of law on which democracy is built.
Recognizing that “majesty of the law lies not in punishing, but in forgiving,” the order stated that, “Though the petitioner is not entitled to any lenient approach, we find that on account of an adamant and callous attitude of the petitioner, his children and family should not be made to suffer.”
“If he undergoes the sentence of two months, he would be dismissed from his services, thereby depriving his family of livelihood. Therefore, we are inclined to confirm the conviction of the petitioner but take a lenient view on the sentence. A message needs to be given,” said the court.
The petitioner is directed to “reduction of one level in the hierarchy of his service.”
The State of Andhra Pradesh is directed to “demote the petitioner to the post of Tahsildar.”
Further promotional avenues shall be considered from… He shall further pay a fine of Rs. 1 lakh.
Earlier, the Supreme Court bench orally indicated that the petitioner would have to undergo imprisonment, pay heavy compensation to all those who suffered because of his actions, and face demotion.
Despite the High Court’s order dated 13.09.2013, by which the Single Bench had disposed of the writ petition directing the Tahsildar to consider the petitioners’ application for the grant of a house site, subject to their eligibility, and to communicate the decision within two months, and further directed that none of the respondents, including the Tahsildar, shall disturb the possession of the petitioners if they owned the land, the Tahsildar forcibly removed their huts on 06.12.2013 and 08.01.2014.
Earlier, the High Court Single Bench observed that 88 police personnel were deployed at the site on 08.01.2014 at the Tahsildar’s request and held that the Tahsildar acted in deliberate defiance of the Court’s orders.
As a result, he was sentenced to two months’ simple imprisonment and fined Rs. 2,000.
