Respected Sir,
Kindly let me know the time period for filing contempt of CAT ORDER given on 20.12.2024.
My advocate has requested my Department to comply with the Honorable CAT Order dtd 20.12.2024 three months back but I didn't get any response from the Department. More than 3(Three) months have elapsed from the date on which the Final Order was pronounced by the Honorable CAT Division Bench.
Kindly inform:
1. Whether 1st reminder to implement the Honorable CAT Order dtd 20.12.2024should be forwarded to the Department.
2. Petition for Execution of CAT Order to be filed.
3. Contempt of Honourable CAT's
Order to be filed now.
Kindly guide.....
With profound regards,
Partha Bhadra
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.
