Is CAT order operational if WP is filed in HC but stay not granted?
Ajay Kumar
(Querist) 12 April 2011
This query is : Resolved
I had filed an Original Application in service matter against Union of India and others in Central Administrative Tribunal (CAT) Chandigarh bench which was decided in my favour in Apr 2009.
Order was received on 20 Jul 2009. The order was to be implemented within two months.
The department requested for additional time for implementation of order and were granted two months additional time on 30 Sep 2009.
Instead of implementing the order, the department filed a writ petition in High Court Jammu on 3 Dec 2009.
Till date the High Court has not granted any stay on the operation of the CAT order and the matter is at admission stage.
Department is not implementing the order of CAT on the plea that the matter is subjudice.
In the light of the above facts, the following points may be clarified:-
(a) Whether the Order of CAT is operative or not?
(b) Can a Contempt Petition be filed pending decision on admission of the case by the High Court?
(c) Is the final decision on Writ Petition to be produced before Contempt Proceedings can be instituted?
(d) Is there a period of limitation for filing Contempt Petition in this case?
Advocate. Arunagiri
(Expert) 12 April 2011
a) unless it is stayed by the HC, the CAT order is operative
b) yes can be filed.
c)Yes
d) Normaly within 1 year.
R.Ramachandran
(Expert) 13 April 2011
I fully agree with the views of Mr. Arunagiri.
But I do not think that the writ petition which was filed in December 2009 would still remain in Admission stage. Please check up.
Vijayan Balakrishnan
(Expert) 13 April 2011
The query seems incomplete and suffers from clarity. Nevertheless, I agree with both the experts and the queries can be answered as under according to me:
(a) Whether the Order of CAT is operative or not?
If it is not stayed by the High Court, the order needs to be implemented. But, if the order was certain directives to the respondent to dispose the applicant's representation through a speaking order, and the order is challenged and the applicant has not sought the CAT intervention, the matter generally remains unimplemented.
(b) Can a Contempt Petition be filed pending decision on admission of the case by the High Court?
If the WP is not admitted and is in pre-admission stage and delayed beyond reasonable time, a CP/CA may be moved.
(c) Is the final decision on Writ Petition to be produced before Contempt Proceedings can be instituted?
Contempt Proceedings will be initiated to bring to the notice of CAT that its order has not been complied with. It is for the respondent to justify the delay and get the contempt removed.
(d) Is there a period of limitation for filing Contempt Petition in this case?
The delay may be condoned if the delay is not deliberate and due to unavoidable reasons.
