Central administrative tribunal order

pankaj Dev (Querist) 10 March 2021 This query is : Resolved
My department is dishonoring the Central administrative tribunal order. So I am filing one petition contempt of court. If my department desperately violating the contempt of court then what should be our next step

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Guest (Expert) 10 March 2021
You have an Good Case. Refer Section 27 of the CAT Act 1985.-- Execution of Orders of the Tribunal. First Check with the Concerned Department and then Discuss with your Advocate and Proceed.

kavksatyanarayana (Expert) 10 March 2021
Usually, if the department receives court orders, they obtain a legal opinion from the Government Pleader/instructions from the concerned HOD, then the department take action.

P. Venu (Expert) 11 March 2021
Has the Department approached the High Court in a Writ of Certiorari? If not, Contempt Petition could be filed. The Department is bound to implement the directions, once the CP is filed and due notice is issued to the respondents.

pankaj Dev (Querist) 11 March 2021
1.How can you confirm whether Department has approached to High court nor not
2.Whether I will get any intimation/notice from High court
3, Whether i can file Contempt of court if they have approached to High court

P. Venu (Expert) 11 March 2021
As to implementation of the CAT directions, you may seek the information under RTI Act.
Once the Writ is filed and admitted, you need to be served notice.
Technically, a contempt petition could be filed unless the CAT directions are stayed by the High Court. However, even if there is no stay, the Tribunals are slow to proceed with the CP, once Writ is filed.

pankaj Dev (Querist) 13 March 2021
(1) If my department did not proceed to high court till date , then after filing my Contempt to court can they proceed to high court for challenging the CAT( Central Administrative Tribunal) order.
(2) If they proceed to high court after my submission of Contempt of court to CAT( Central Administrative Tribunal ) , will the high court admit the case.
(3) Can i submit any document to CAT in the contempt of court which is not in the public domin like Confidential file, Administrative file etc .

P. Venu (Expert) 13 March 2021
Filing of contempt does not prevent the the department from approaching the High Court or the High Court admitting the Writ Petition. In the CP only the limited question of implementation of the the directions alone could be taken up. Your advocate would guide you in the matter.

pankaj Dev (Querist) 17 March 2021
In my posting order copy Central administrative tribunal order (CAT) has direct the authorities to explore the possibilities of adjusting /retaining the applicant(Me) in Station X against a vacancy or a nearest vacancy till the post at Station X fall vacant keeping in mind the sprit of the DOPT OM dated 30.09.09. I am confused with the term NEAREST VAVANCY . The term NEAREST VAVANCY meaning
1) In that same station X with additional creation of vacancy oy to the lower position
2) In the different station (Say station Y) nearer to station X. Then what should be the distance between station X and station y

ashok kumar singh (Expert) 15 April 2021
agreed with views of experts
thanks

pankaj Dev (Querist) 20 April 2021
But even after getting the court order copy and contempt of court copy , authority issuing the letter to follow the transfer order which court already set aside, otherwise authority will take disciplinary action against me

Sudhir Kumar, Advocate (Expert) 07 May 2021
You have complicated the thread with so many questions.

The facts are that

(1) you won a CAT case
(2) department has not implemented it.
(3) you have no notice from High Court apparently there is no appeal so far.

In case order is not more than three months old then the moment you file CP they will feel like going to High Court. But in that case they have to enter both courts with clean hands without hiding any facts.

Now your imaginary query regarding department even try to avoid CP. Well if they are able to do so they are entitled being brave enough.

But can you imagine the Secretary of the Ministry (mostly IAS) who is highest authority of the department be happy with a situation of appearing before a Court to be humiliated just for the sake of not giving you relief as granted by court?

So far in the last more than 1/3 of century (CAT established in 1985) there has not been even a single case of any head of department to go to Jail by order of CAT in contempt case (though CAT is empowered). They come with compliance or with stay from High Court.

pankaj Dev (Querist) 11 June 2021
As per case during my transfer(ICT) , My dept has violated the DOPT guidelines and I hence approached to central administrate tribunal. & parallel y dept has stop my salary by transfer my file to the GST dept where I was transferred . .Central administrate tribunal has set aside the transfer order and order the dept to allow me join my original position . Since last 19th month I am not getting any salary. Now my dept. has move to High court . Can I file the following claim during high court proceeding
1) My all salary with 18% interest per month
2) My all leave during court proceeding period
3) All the legal expanses with 18% interest per month that I have incurred for court proceeding
4) Personal penalties to the head of the dept of Rs 5000 per month with 18% interest per month who has issued transfer order
5) Can my lawyer issue SUMMON from central administrate tru tribunal to the head of the dept who has issued transfer order

P. Venu (Expert) 11 June 2021
Has the Department approached the High Court in WP. Anyhow, you cannot make any claim before the Tribunal or the High Court. The only option, a you are fully aware, is to approach the CAT in a Contempt Proceedings.

P. Venu (Expert) 13 June 2021
You are making multiple queries with inconsistent facts.
The facts posted in the thread https://www.lawyersclubindia.com/forum/details.asp?mod_id=212302&offset=1 suggest that the OA, if at all filed, is yet to be disposed of. However, the case status does not reveal of any OA filed by Pankaj Dev. Please come clean with facts.