Not obliging High Court Direction within specific period -
A.Mohamed Thaheer
(Querist) 28 May 2009
This query is : Resolved
1)What further course of legal action could be taken, if some time bound direction of the High Court, Chennai, is not obliged by the petitioner who filed a writ petition for quashing the CAT order for making the retiral benefits to the retired officer? (while delivering judgment by quashing the CAT order, as prayed for by the Petitioner.)
2) Whether this failure of the part of the petitioner is legally contempt or not?
Guest
(Expert) 29 May 2009
Non-implementation of the hon'ble High Court Order attracts contempt jurisdiction. But it has to be seen that whether violation has been done or not, and if it has been done to what extent and for what reasons. The courts will not act technically on these points and use discretionary powers to come to just conclusion. If the petitioner has not implemented H.C. decision within the time fixed by HC, the court will not take it that much seriously and if you insist, that delay may be compensated by giving direction to the petitioner to pay some amount. That is also discretionary in nature.
B.B.R.Goud.
(Expert) 01 June 2009
i do agree with mr Prabhakar.
