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Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I))     06 March 2025

Limitation of filing contempt petition in cat

Sir I want an answer to a simple question regarding filing of contempt petition in Central administrative tribunal Mumbai. An original application was decided in my favor and the date of the order by honorable cat Mumbai is 10th of June 2024. The applicant filed a review application asking for review of the order which was dismissed by the honorable cat Mumbai vide order dated 4th of November 2024. Now my question is can I file a contempt petition now as the respondent has not complied with the orders of the original application and review application is dismissed. This question is important because from the date of the order of origin application one year has passed but the order has not attained finality until and until the review application was decided.

Also I want to ask that in contempt petition do the contemptors has to be named in person or by post ?



 6 Replies

T. Kalaiselvan, Advocate (Advocate)     06 March 2025

You can wait for the time limit to file an appeal against the dismissal of review petition and then file contempt petition if there's no appeal preferred till then.

Dr. J C Vashista (Advocate )     07 March 2025

If the orders have not been complied or challanged by the respondent you should (must) move in contempt against concerned Officer (in person / by name) on expiry of time granted by the CAT/ limitation period. 

P. Venu (Advocate)     07 March 2025

"The applicant filed a review application asking for review of the order which was dismissed by the honorable cat Mumbai vide order dated 4th of November 2024"! Admittedly, the OA has been decided in favour of the applicant. As such, why should he file the review application?

The period of limitation is one year from the date of decision of the OA, not the review application. 

CAT is decision is final and there is no provision for appeal. However, the parties can approach the High Court under Article 227 and the Supreme Court, through an SLP under Article 136.

Saikat Banerjee (Chemical & Metallurgical Assistant (Gr-I))     07 March 2025

The CAT allowed arrears of salary. But in my original prayer I have asked for 18% interest along with the arrears of salary. The honorable cat allowed the areas of salary but did not decided on the interest so I filed a review application asking for the interest which was dismissed by the CAT. Now in the original application it was asked the respondent should comply with the orders within 8 weeks from the receipt of a certified copy of the order. Now since I file review application so the limitation should start with the date of receiving the order of the review application not the date of order of the original application because the order has not attend finally tea until and unless the review application was decided

Dr. J C Vashista (Advocate )     08 March 2025

Limitation shall start from receipt of orders on review petition and not the date of passing orders on OA, if the orders have not so far been assailed by respondents. 

Sudhir Kumar, Advocate (Advocate)     11 March 2025

Limitation for CP sems to not yet expired as far as payment of arrears is concerned.

 

As fr as interest is cpncerned and the review is rejected.  The limitation for appeal in High Court will expire in 3 months after receipt of certified copy of the decision on RA.


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