Disobedience of HC order: Supreme Court directs Andhra Pradesh govt to revert deputy collector to post of tehsildar

New Delhi: The Supreme Court on Friday directed the Andhra Pradesh government to demote a deputy collector to the post of tehsildar for disobeying the high court's order and forcibly removing hutments in Guntur district in January 2014.

Taking a stern view of the disobedience of the court's order by the officer, a bench of Justices B R Gavai and Augustine George Masih said every authority, howsoever high he or she may be, was bound to respect and comply with the orders passed by courts.

"A disobedience of the orders passed by the court attacks the very foundation of rule of law on which our democracy is based," the bench said.

"Though we take a lenient view, a message requires to be given to everybody that no one, howsoever high he may be, is above the law," it said.

The apex court confirmed the high court order which convicted him for "deliberate and utter disobedience" of its order.

The top court, however, modified the high court order sentencing the officer to imprisonment for two months.

"We further modify the sentence and the petitioner is sentenced to reduction of one level in the hierarchy of his service," the bench said.

It noted that the officer was promoted to the post of deputy collector in 2023.

The bench directed the Andhra Pradesh government to demote the petitioner to the post of tehsildar.It also directed the officer to pay a fine of Rs one lakh.

"We want the message to go throughout the country that nobody would tolerate disobedience of the courts order," Justice Gavai observed.

The top court was hearing a plea filed by the officer against an order of the high court's division bench which rejected his appeals against contempt action.

The high court division bench refused to interfere with a single judge's order sentencing him to two months imprisonment for "deliberate and utter disobedience" of its order.

The single judge's order came on the pleas alleging the officer, who was then a tehsildar, forcibly removed hutments in Guntur district in January 2014 despite a December 11, 2013 direction restraining him from doing it.

The apex court had earlier asked the officer whether he was willing to accept demotion as a punishment for disobeying the high court order.

During the hearing on Friday, the counsel appearing for the officer said, "He (officer) will go down to any punishment".