Supreme Court directs demotion of Andhra deputy collector for slum demolition despite High Court stay

The Supreme Court on Friday ordered the demotion of a deputy collector from Andhra Pradesh, Tata Mohan Rao, who carried out the demolition of slum huts in Guntur district in his capacity as a Tahsildar, despite a High Court order staying any such move. .A Bench of Justices BR Gavai and AG Masih had initially warned that Rao may have to face jail time for contempt of court, but eventually decided to only order his demotion, apart from directing him to pay ₹1 lakh as fine.While confirming the Andhra Pradesh High Court's decision to hold him guilty for contempt of court, the top court ordered:"We are informed that the petitioner is promoted as deputy collector in 2023. We direct the State of Andhra Pradesh to revert the petitioner to the post of tehsildar...We also direct the petitioner to pay a fine quantified at ₹1 lakh payable to a housing charity scheme.".The Court made it clear that no one can disobey court orders, even if they are high-ranking officials."It is clear that he is close to the government. We want this message to go across the country that however high in a post you are...you cannot disobey the orders of this court," Justice Gavai said.This was reflected in today's order as well."A message needs to go that no one, however high he is, is not above the law. Even a constitutional post, however high they are, are bound to follow orders of the court and disobedience of orders of the court attacks the very basis of the rule of law on which our democracy is based.".While passing the order, the Court further opined that although the officer did not deserve any leniency, his family should not be made to suffer."The petitioner ought to have thought of all this when he demolished the homes of hut dwellers and threw them on the road. If he now expects a human approach, he should not have acted in an inhuman manner. His behaviour lacks a humane approach. We would have taken a serious view of the matter. We are reminded (that the) 'majesty of law lies not in punishing but forgiving.' We are of the considered view that the petitioner is not entitled to any lenient approach. (But) we find that on account of the adamant and callous attitude of the petitioner, his children and family should not suffer. If he undergoes sentence of two months imprisonment, he will lose his job too," it said..When the matter was heard earlier this week, the Court had indicated that it was not inclined to show any mercy or let the official off with a lenient punishment."Ab aapne logo ka ghar giraye, tab bhagwan ki yaad nahi aayi? Abhi aapke baccho ke liye humne bola...ab aap jail jayenge...naukri bhi jayegi. (You did not think of God when you demolished people's homes? We suggested demotion, thinking of your children, now you may go to jail, you may lose your job too)," the Court had orally observed on May 6. It added,"This cannot go unpublished. No one is above the law. We cannot permit our High Courts to be treated in a contemptuous manner. Aap Vijayawada mein hai. Balaji se prarthana karlijiye (You are in Vijaywada? You pray to Lord Balaji).".[Read Live Coverage]