Employer's Threat To Employee Against Moving Constitutional Court For Redress May Constitute Criminal Contempt: Allahabad HC

A bench of Justice JJ Munir made this observation while considering a writ plea moved by Akhtar Ali (who was employed as a Senior Clerk with Nagar Nigam, Meerut), challenging his punishment order and the rejection of his departmental appeal concerning his dismissal from service.

Essentially, in the dismissal order issued by the Nagar Ayukta of Nagar Nigam, Meerut, it was stated that the petitioner had approached the High Court to challenge the FIR filed against him without obtaining prior permission from the officer. The FIR alleged financial irregularities and corruption during the petitioner's tenure from 2011 to 2016.

The single judge took strong exception to the officer's remark in the dismissal order (dated March 18, 2018), which suggested that the petitioner needed permission to approach the High Court to quash the FIR. The judge then made the following remark:

“This kind of a threat from the employer on a disparaging note which has the tendency to prevent a citizen from approaching the Courts of judicature for redress, particularly, a Constitutional Court may constitute criminal contempt.”

Consequently, the court directed the Nagar Ayukta, Nagar Nigam, Meerut to identify the Officer responsible for passing the order impugned and to bring his name on record by way of an affidavit.

The matter will be heard tomorrow (January 27). Advocate Anwar Hussain appeared for the petitioner.