Contempt of court

Kuppan.K.S (Querist) 23 March 2015 This query is : Resolved
The court has ordered interim stay on the department not to proceed further on termination of service and has given a returnable notice by giving 45 days time. But the department has terminated without taking into account the stay.

Does it mean contempt of court?

What is the remedy available?

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Devajyoti Barman (Expert) 23 March 2015
Yes, this amounts to contempt of court if it is shown that termination was done after receiving the order of court.

Guest (Expert) 23 March 2015
What was the exact language of the court order?

malipeddi jaggarao (Expert) 24 March 2015
What is the exact order and the date of order and date of termination? Do not accept the termination letter and approach the court which issued the order. Your advocate who dealt with your case is in a better position to help you.

Rajendra K Goyal (Expert) 24 March 2015
On the face it is contempt of court, however, all the documents / orders need to be referred, consult local lawyer.

Kuppan.K.S (Querist) 24 March 2015
The court order dated is 03.03.15 whereas the termination order dated is 17.03.15. Details of the order communicated by the petitioner's advocate to department under ack. Whether department can say non receipt of court order to justify their action?

ajay sethi (Expert) 24 March 2015
you have communicated order to department in advance . it would amount to contempt of court

malipeddi jaggarao (Expert) 24 March 2015
Why do you bother about the department. You file contempt petition.

M/s. Y-not legal services (Expert) 26 March 2015
whether the court order has served to the concern department or not?

if not served mean its can not be treated as contempt of court..

Guest (Expert) 26 March 2015
Everything depends upon right or wrong interpretation of the court order. You have not stated the exact verdict of the court, as asked earlier, for examination of the experts here. Moreover, you have not stated as to what are the views of your own advocate.

T. Kalaiselvan, Advocate (Expert) 27 March 2015
On the basis of your information this terms attracts the provision of contempt of court, however the prevailing situation needs to be known to understand the same and opine accordingly. What is your lawyer's opinion?

Biswanath Roy (Expert) 28 March 2015
Contempt of Court lies only when the opposite party received the stay order before termination of service and the O.P. could understand the meaning of the order.

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