HC issues contempt notices to principal secy, forest officials over IFS officer’s transfer

Dehradun: Uttarakhand high court issued contempt notices to three senior state officials for allegedly violating an interim order that protected IFS officer Pankaj Kumar from being moved out of his post, after the forest department issued a fresh transfer order on April 13 despite a division bench direction that “no movement order shall be issued”.Justice Pankaj Purohit issued show-cause notices to principal secretary R K Sudhanshu, joint secretary, environment and forests, Mukesh Kumar Rai, and principal chief conservator of forests R K Mishra, asking them to explain why contempt proceedings should not be initiated against them. Kumar, director and conservator of forests, Nanda Devi Biosphere Reserve, Gopeshwar, had challenged what he described as a premature administrative transfer.The April 13 order transferred Kumar to the post of conservator of forests, Kumaon South, Nainital, with additional charge as regional manager at Uttarakhand Forest Development Corporation. He submitted that the order was issued in direct breach of HC’s interim protection, following which he first made an internal representation asking state govt to comply with the judicial order and revoke the transfer.After the representation did not lead to compliance, Kumar filed a civil contempt petition under Section 12 of Contempt of Courts Act, 1971, alleging wilful disregard of court directions.

The petition said the authorities were bound by the division bench order and could not have issued a transfer or movement order that altered his posting while the matter was under judicial consideration.The case adds to a series of recent court and tribunal proceedings involving senior forest department officials. In June, two separate contempt notices were issued to Sudhanshu and PCCF-HoFF Mishra in matters linked to non-return of personal scientific equipment and logistics assets of wildlife researcher Subir Mario, and alleged non-compliance with directions to grant grade pay of Rs 1,500 to daily-wage workers.On June 21, Central Administrative Tribunal also issued notices to Sudhanshu and Mishra in a matter concerning alleged downgrading, without recorded reasons, of the Annual Performance Assessment Report rating of Magsaysay award-winning IFS officer Sanjiv Chaturvedi. The tribunal sought replies from the respondents in that case.Legal experts said contempt proceedings in service matters depend on whether violation of a court order is shown to be deliberate and wilful. “If non-compliance is found to be intentional, malicious or driven by vendetta, HC can hold officials personally liable for costs and damages,” a legal expert said, adding that courts can also direct departmental action where conduct shows disregard of judicial orders.HC has asked the three officials to respond to the show-cause notices. Further orders will depend on their replies and the court’s assessment of whether the April 13 transfer order amounted to wilful disobedience of the earlier stay.