Madhya Pradesh HC orders 7-day imprisonment to ex-collector, ex-additional collector for contempt of court

The two officers had dismissed the district coordinator of Chhatarpur Swachchta Mission from service for not complying with the transfer order. They went ahead with the move although the high court had earlier stayed the transfer order.

Jabalpur (Madhya Pradesh): The Madhya Pradesh High Court has convicted former Chhatarpur collector Shailendra Singh and additional collector Amar Bahadur Singh guilty of contempt of court and sentenced them to seven days imprisonment. Also a fine of Rs 50,000 each has been imposed on both.

The order was issued by a single bench of high court Justice GS Aluwalia. Both the officers were arrested in the courtroom and produced before the registrar.

Rachna Dwivedi, district coordinator of Chhatarpur Swachchta Mission, had been transferred to Bada Malhera. She filed a petition in the high court challenging her transfer order. She stated that she was appointed on contract where there is no provision of transfer. On July 10, 2020, the high court put an interim stay on the transfer order.

Despite the stay order, Dwivedi was dismissed from service for not complying with the transfer order and joining at Bada Malhera. After which, Dwivedi filed a contempt petition against the two officers stating that she was dismissed from her job although the high court had stayed her transfer.

While hearing the contempt petition, the single bench found both the officers guilty of contempt of court. The single bench had fixed August 11 as the date for determining the punishment.

Meanwhile, both the officers submitted an application before the high court to revoke its order where they were held guilty. They stated that an officer-in-charge (OIC) has been appointed to represent them. The OIC had also submitted a reply on their behalf.

The single bench rejected the application and stated that in a contempt case, the concerned accused has to himself submit a reply on affidavit and an OIC cannot appear on his behalf. The judge mentioned that since the high court had issued a stay order, Dwivedi should not have been dismissed from service.

During the hearing on Thursday, both the officers appeared in person and apologised before court. The single bench passed its order on Friday wherein both officers have been found guilty of contempt of court. Advocates DK Tripathi and Dharmend Patail appeared on behalf of the petitioner.