Execution of court order
Devesh Yadav
(Querist) 06 October 2014
This query is : Resolved
Dear Counsels,
I was working as teacher in a private unaided private school affiliated to CBSE since 1994 on regular basis. I was suspended on 22.07.2010 on false charges and later on I was terminated from service on 09.05.12. I moved to Punjab and Haryana High Court Chandigarh to get the termination order quashed but High Court directed the appellant to file appeal to Distt Session Judge /Addl Session judge as there is no Educational Tribunal . The court quoted judgement of apex court in TMA Pai Foundation Vs State of Karnatka 2002(8) SCC 481. Consequently I filed appeal to Additional Distt and Session Judge (ADJ) and ADJ set aside the termination order directing the respondent school to reinstate me and pay full back wages within one month of . Here I tell you that I myself appeared in person before the court and I argued in person before the court . The respondent school disobeyed the court directions willfuly and refused orally to reinstate me . The respondent school has not got any relief from high court to stay the order passed by ADJ.
My question -Can I file execution or Contempt of Court Petition or both -execution as well as Contempt of Court Petitionagainst the respondents for not obeying the court order and before which court -either the court who passed order or before High Court ?
Under which section of Contempt of Court Act 1971, I wiIl have to file Contempt petition before trial court? I have gone through minutely provisions in Contempt of Court Act 1971 but could not find relevant section under which I may file contempt petinition before trial court.Kindly advise me so that I may get relief.
,
ROHIT SHARMA
(Expert) 06 October 2014
Dear Mr.Devesh Yadav,
1. In the first instance you need to file an Execution Petition on such school.
2. If upon such execution done the school does not obey the order then you can file a special leave civil petition u/s 151 r/w s 10 of Contempt Of Courts Act, 1971. of C.P.C. before the H.C. since the H.C. is vested with power to punish contempt of subordinate Courts u/s 10 of Contempt Of Courts Act, 1971.
3. Trial courts can also do so but there is no specific mention in such Act
except under s. 10 which empowers the H.C. to do so.
4. You can therefor file such S.L.P.(civil) before the H.C. without any hesitation.
P. Venu
(Expert) 07 October 2014
What was the nature of the proceedings before the District Court?
Rajendra K Goyal
(Expert) 07 October 2014
Agree with the advise of expert ROHIT SHARMA.
Nadeem Qureshi
(Expert) 07 October 2014
Dear Querist
first of all file an execution petition before trial court who passed the order and pray for implementation of the order passed by the Hon'ble court. the court may passed relevant and specific order as per your prayer.
you may file a contempt of court petition before High court under section 10 of Contempt of Court act 1971 r/w section 151 of CPC.
T. Kalaiselvan, Advocate
(Expert) 11 October 2014
As rightly advised by experts, first move an EP against the school authorities, on refusal to obey the orders passed on EP, you may initiate further legal action namely contempt proceedings through SLP.
Sudhir Kumar, Advocate
(Expert) 24 October 2014
http://www.lawyersclubindia.com/experts/Implementation-of-Court-Order-501111.asp
Sudhir Kumar, Advocate
(Expert) 24 October 2014
repeated
http://www.lawyersclubindia.com/experts/Maintainability-of-application-u-s-190-204-of-CrPC--502576.asp
