I had filed an OA in Central Administrative Tribunal (CAT) against Union of India in 2006 which was decided in my favour in Apr 2009. The judgement was received on 20 Jul 2009. Two month's period was allowed for implementation of order. The department asked for additional time for implementation and was granted two months additional time which expired on 2 Dec 2009.
Instead of implementing the order the department filed a writ petition challenging the CAT order in first week of Dec 2009. They also prayed for stay on the order of the CAT. till date the case is at admission stage in Jammu High Court. The High Court has not granted any stay on the order of CAT. My queries are as under:-
(i) Whether the order of CAT is operative or not as on date? The department is assuming that mere filing of the Writ Petition challenging the CAT order renders the latter inoperative.
(ii) Can a contempt petition be filed in the CAT, pending decision on admission of writ petition?
(iii) In case the WP is admitted for consideration by the High Court, can the Contempt petition be filed in CAT at that stage?
I shall be grateful if any advice can be given in the matter.
Ajay Kumar
