On Friday, the Supreme Court issued a contempt notice to the AIIMS Acting Director and directed him to appear in person after expressing strong displeasure over the failure to file an affidavit as previously ordered. The Court's response emphasised that officials holding charge of public offices, even in an acting capacity, remain accountable for complying with judicial directions.
The issue arose in a matrimonial matter where the Apex Court had earlier directed the Director of AIIMS, New Delhi, to furnish an explanation through an affidavit. However, the affidavit placed before the Court was filed by a person claiming to be a Deputy Secretary of AIIMS. It was submitted that AIIMS currently does not have a permanent Director and that the individual holding the post was functioning only in a temporary capacity. The Bench found the explanation unsatisfactory and questioned why the person presently holding charge of the office had not complied with the earlier direction.
The Division Bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan observed, “We had specifically sought explanation to be furnished by Director, AIIMS, and it is not within the discretion of any person to submit his/her explanation by authorising someone else to do the same.” The Court further stated that it was “not only surprised but shocked” by the justification offered and emphasised that a person occupying a post, whether substantively or in an acting capacity, must discharge the responsibilities attached to it.
Taking the view that contempt had prima facie been committed, the Bench issued a contempt notice to Dr. Nikhil Tandon, impleaded him as a party respondent, and directed him to remain personally present with his explanation on the next date of hearing.
Source PTI
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