Contempt of hon'ble cat's order

If a Central Administrative Tribunal (CAT) order is not complied with by a department, both a contempt petition and an execution petition are potential avenues for action, though they serve different purposes. 
Section 17 of the Administrative Tribunals Act, 1985, grants CAT the same jurisdiction, power, and authority in respect of contempt as a High Court.

If a department fails to implement a CAT order within the stipulated time frame, a contempt petition can be filed

Execution proceedings are a mechanism to ensure that a court's order is carried out. 

If a CAT order is not complied with, an execution petition can be filed to compel the department to comply.

The Supreme Court has held that contempt jurisdiction cannot be invoked to execute a decree or implement an order, but rather to punish for wilful disobedience.

Very well analysed, opined and advised by learned expert mr. T Kalaiselvan, I endorse.

Answer to your questions is:

1. Whether 1st reminder to implement the Honorable CAT Order dtd 20.12.2024should be forwarded to the Department.

Ans: No further reminder is required.

2. Petition for Execution of CAT Order to be filed.

Ans: Yes, EP should be filed.

3. Contempt of Honourable CAT's Order to be filed now.

Ans: Yes, CP should have already been filed.

Contact and consult your lawyer.

Thank you Vashista Sir for your kind reply.

Kindly Sir help me with the information that "After how many days of the pronouncement of the Hon'ble CAT's Final Order, a Contempt Petition or Execution Petition can be filed ?"

With profound regards,

Partha Bhadra 

You have queried that, "After how many days of the pronouncement of the Hon'ble CAT's Final Order, a Contempt Petition or Execution Petition can be filed ?"

CP / EP is to be filed soon after expiry of time allowed by Hon'ble Tribunal.

Thank you Sir.

With profound regards,

 Partha Bhadra 

Hi Partha, let me help you here really quick, In your case, since the Hon’ble CAT Order was passed on 20.12.2024 and more than 3 months have already passed without compliance from the Department despite reminders, the following steps are now relevant:

 1. There is no fixed statutory limitation period under the Contempt of Courts Act, 1971 for contempt of CAT orders, but as per settled practice, filing should ideally be done within 6 months from the date of knowledge of the non-compliance, unless delay is properly explained.

 2. You may, if not already done, send a formal reminder (marked as “Final Reminder for Compliance”) citing that non-compliance within the stipulated time amounts to contempt of court.

 3. You are well within your rights to file a Contempt Petition before the Hon’ble CAT under Section 17 of the Administrative Tribunals Act, 1985 read with Section 12 of the Contempt of Courts Act, 1971, especially since your advocate had already given reasonable time and notice to the Department.

 4. Alternatively, a petition for execution or enforcement of the CAT Order may also be considered, but generally Contempt Petition is the more effective route when the judgment is not stayed or challenged and still not implemented.

You can get in touch with me at adv.vishesh@icloud.com to discuss this further.

Thank you Advocate V.K.Sapra Sir for your kind reply & valuable suggestions.

With profound regards,

Partha Bhadra 

What is the nature of the Order dated 20/12/2024?

What is the OA No.? Which Bench?