Non implemtation of hc judgement - contempt
surjit singh
(Querist) 05 November 2012
This query is : Resolved
In a service matter the judgement is passed by the High Court in favour of the petitioner asking the respondent authority to hold a DPC within a period of two month from the date of judgement. The respondent authority, instead of taking initiative to implement the judgemnet took initiative to file a review petition, which the petitioner came to know after getting an RTI application reply asking for the file noting of certain file. Now till date the review petition has not been even after expiry of eight months. The petitioner has filed a contempt petition in which the notice is yet to be issued on the contemners.
My main query is whether the contemner can take a defence that the contempt petition cannot be accept because the department was trying to go for a review of the judgement all these days, but the review petition has not been filed by the government before the court, whereas the petitioner has already filed the contempt petition.
Devajyoti Barman
(Expert) 05 November 2012
No way. As long as review petition is pending no order could be passed in contempt proceeding.
SO try to fast-track the review application.
surjit singh
(Querist) 06 November 2012
The Respondent have not yet filed the Review Petition, it came to light that the government is contemplating to file a review petition only when an RTI application was filed. Till date the Review Petition has not been filed, but the petitioner has filed the contempt petition.
Yogesh Anand
(Expert) 06 November 2012
The order of High Court is binding on the parties until it is altered or stayed. Pursue the contempt vigorously, you will succeed.
R.K Nanda
(Expert) 06 November 2012
petitioner must go hotly for contempt proceedings as there is no stay order in favour of respondant against high court order.
JANAK RAJ VATSA
(Expert) 06 November 2012
since the petitioner has already filed the contempt petition in the court, go for it vigourously
surjit singh
(Querist) 07 November 2012
Thank you all and special thanks to Mr Nanda sir.
R.K Nanda
(Expert) 07 November 2012
u r welcome.
Raj Kumar Makkad
(Expert) 14 November 2012
Your query has already been resolved well.
