Appeal to hc from contempt order of cat
Arnav Raj
(Querist) 29 April 2015
This query is : Resolved
Hello,
I am not sure of this thread to be proper but accordingly posted
I wish to file an appeal to HC against an order passed to a contempt petition filed by CAT. Therefore, please help me with these below isssues.
1. Under what provisions, an appeal to HC from contempt order of CAT is maintainable?
2. A third party (who is not a party to the suit) filed reply in affidavit in CAT, Hon'ble judge passed the order without considering the objections to it when raised by petitioner......
3. If someone could provide me with Format of Appeal to HC from Contempt Order of CAT (if could be provided by anyone).
4. Whether such appeal is maintainable or writ to HC needs to be filed?
Sudhir Kumar, Advocate
(Expert) 29 April 2015
Not clear.
CP order are generally passed in CAT against Govt. In which capacity you are effected and what is the order?
Devajyoti Barman
(Expert) 29 April 2015
give the background details and jist of the order.
P. Venu
(Expert) 29 April 2015
No appeal lies to the HC from any of the orders of the administrative Tribunal. However, the remedy of filing WP under under Article 227 could be availed of.
It appears that your grievance is on the reply filed on behalf of the Respondents by a person unconnected with the issues raised in the proceedings, on the pretext that he/she (usually a Group A Officer) has been authorised to file the reply on behalf of the respondents. This is the prevailing situation in each and every litigation involving the Government. I am yet to come across any authoritative pronouncement from the HCs and the Apex Court on this public mischief.
It is not clear from the query whether you moved a CA in the matter before the CAT.
You may contact on my e-mail pvenu1953@gmail.com
Guest
(Expert) 29 April 2015
Even if you are not sure about proper thread to post your query, but you can at least mention, whether contempt case against you, on what type of offence tending to contempt of court, and what is the decision of the CAT on that contempt issue.
Arnav Raj
(Querist) 29 April 2015
The CAT ordered the respondents to regularize service of a PS who was aggrieved with regularization of service records. Which consequently was not complied, and hence contempt petition was filed.
Later the CAT neither decided the core issue whether their has been a contempt, instead 'dropped' the case, without considering the objections by applicant of affidavit being filed by a third party,
and neither considered various false claims (evidently proved) made by respondents, instead ordered applicant to bring a fresh O.A. or take grievance to the respondents personally.
Primary objections made in contempt petition stated above and not decided by CAT which the aggrieved party presently has:
1. CAT ordered without considering the issue of a third party (not a party to suit) affidavit filed.
2. Date of Joining & Seniority number not allotted properly.
The actual DoJ has already been admitted by respondents, but they pass various departmental orders with wrong dates.
3. Respondents brought false claims in defense (vide CA) for non compliance which they proved to be false by themselves. [Which has been proved wrong via RTI reply by respondents]
Whether such a major grievance cannot be appealed to HC under any provision or under S.19/ 19(3) of Contempt of Court Act, instead have to bring a WP??
Which Writ needs to be brought under WP, if its only the way out?
Anirudh
(Expert) 29 April 2015
The question of 'contempt' is between the Court and the contemnor.
The Complainant cannot do much more than bring to the notice of the Court, the perceived contempt.
It is for the court (in this CAT) to decide whether there is any contempt or not. If the Court decides there is no contempt, then the matter cannot be taken to the HC either in appeal or in the Writ jurisdiction.
However, if the Court had held the action to be contempt, then the affected party can file either an appeal or take a writ before the higher forum.
As suggested by the CAT, if you are still aggrieved on whatsoever point, you can bring in a fresh O.A. after following the usual procedure like first making a representation to the Department and waiting for the response and if no response received upto 6 months or so, then to take up the O.A.
Guest
(Expert) 29 April 2015
Generally, contempt is attracted by non-compliance of specific orders by specific date, if mentioned in the order. In the absence of any specific date for compliance, the matter becomes open-ended to be complied any time in future, more particularly with specific reference to the final order on the case.
Whom you consider third party is not understood without specific mention of designation and his office and how did you consider him as a third party?
Arnav Raj
(Querist) 30 April 2015
@Anirudh sir
1. As i have provided above, the CAT didnt decide specifically upon whether there has been a contempt or not...?? Only the order consists that the case has been 'dropped'.
2. If a fresh O.A. is brought, it would definitely be barred by res judicata, how can the same grounds and relief be seeked, when it has been settled by the same court???
The first objection to be raised would be of res judicata by the respondents then.
@PS Dhingra Sir
I am stating as a third party because contempt had been filed 'by name' against specific respondents specifically, where the reply as affidavit was being filed not by any of the parties (i.e. respondents) instead was being filed by a person not a party to the contempt.
How can it be maintainable?
There existed a period of 3 months for compliance by respondents, and it was not open ended. That's why a contempt was maintainable.
Kindly provide under what provision in such case I can appeal to HC against such a vague order passed by CAT.
If CAT didn't decide upon whether their has been a contempt, then such an issue must be necessarily taken to a higher court.
DO I need to file such an appeal to a division bench of HC??
Sudhir Kumar, Advocate
(Expert) 30 April 2015
You are not able to drive home the point on this open thread.
All that appears from your posts is that you filed a case without misleading the affected third party and got favourable order.
Deptt did not file any objection on this ground.
The third party non-respondent is not bound to suffer the result of this decision so decision cannot be implemented.
You have still not clarified who is the third party and you are still keeping the matter to imagination by experts.
Anirudh
(Expert) 30 April 2015
The CAT is to first satisfy whether there is contempt. If in its view there is no contempt, it can jolly well drop the case, and need not discuss why it feels that there is no contempt. If you have any other view as to how the CAT should have dealt with the contempt issue, you are free to hold your views.
As regards bringing in fresh O.A., no where you stated that the very same issues already stood decided/adjudicated. If that be so, I am not sure how the CAT itself will ask you to represent to the Respondents (What is there to represent once the matter stands decided). Therefore your own post does not bring in clarity. My answer is based on the understanding of the issues involved based on the bare facts revealed by you. You may have the benefit of further details/finer points, which I did not have while answering your query.
Guest
(Expert) 30 April 2015
Mr. Arnav Raj,
You have the need to understand a very simple example. If I say you have been insulted by some specific person, it is up to you to think whether he insulted you or not. More so, when I am a stranger (a third party) having no concern with the issue. Who am I to insist you to surely take that as an insult on you. So, it is up to the court to decide whether there was any element of contempt or not and to take action on that or not.
So, being a third party, you have no locus stani in the case. WHY BOTHER SO MUCH WITHOUT ANY REASON, WHEN YOU HAVE NO CONCERN WITH THE ISSUE.
However, from your insistence to know, "if CAT didn't decide upon whether their has been a contempt, then such an issue must be necessarily taken to a higher court," that gives me a clear hint to me that your sole aim is to find solution to an academic query, when you have no concern with the case. For that you should not expect the experts to solve your academic exercises. You have to apply your own brain by reading the relevant law books.
Arnav Raj
(Querist) 03 May 2015
Dhingra Sir,
I have been misinterpreted.
To clarify my stand, I state that;
I am not the third party to the suit, instead another party not a party to my suit(I a the petitioner) has submitted affidavit on behalf of respondents.
Therefore the affidavit by a person not party to suit, is not maintainable.
THis is a ground for which I wish to appeal.
Guest
(Expert) 03 May 2015
TOTALLY VAGUE QUERY !
It is not understood, why you are so assertive on totally vague issues, which have no concern with your initial query about contenpt of court.
A question arises, now from where the issue of "defamation caused to a person under Sec. 34 of Specific Relief Act" has arises, while your initial query was about contempt of court and in which way you are concerned with defamation and to whom?
Another question arises, from where a totally non-concerning issue has of immovable property has arisen, while CAT has no concern with trials pertaining to the property matters?
Arnav Raj
(Querist) 03 May 2015
@Dhingra Sir
This query is absolutely not connected to my previous query. I have amended the above query thereby and the query I asked would be posted to afresh. Deeply regret for inconvenience.
Guest
(Expert) 03 May 2015
When you don't give background of the case and the description of third party (attending the case officially), how you can expect anyone to interpret you or your query correctly.
Guest
(Expert) 03 May 2015
Also when you know the query is "absolutely not connected" to your previous query, what was the purpose of making a absolutely wrong mixture of queries pertaining to different laws?
Arnav Raj
(Querist) 03 May 2015
Sir
The contempt case [not complied with CAT order on OA which was then officially against the respondents for regularization of service of a PS] has been filed against 5 other PS personally and not officially.
Whereas, a third party officially filed affidavit on behalf of the respondents (and not by any of the respondents/parties to the contempt).
How can it be maintainable. How can such an affidavit be admitted. But still the CAT admitted and dismissed the contempt on no grounds stated and 'dropped' the contempt.
Any further interpretation be please answered as above asked in various posts?
Guest
(Expert) 03 May 2015
Except vagueness of your queries, nothing else can be deciphered.
Are you really not capable of understanding the meaning of "DESCRIPTION of third party (attending the case officially)," when you have again repeated merely "third party".
Can't you specify the official designation of the third party, who officially filed affidavit on behalf of the responsents?
Question arises, were those 5 other PS responsible to regularise service of a PS?
Further, your question is totally vague, when you sk, "How can such an affidavit be admitted?"
Was the judgment delivered by any of the experts here or you have shown the case details to anybody here to expect reply to your vague query. YOU/YOUR LAWYER COULD WELL HAVE RAISED SUCH QUESTION BEFORE THE JUDGE OF THE CASE OR YOU WOULD HAVE RAISED AN OBJECTION, IF ANY IRREGULARITY WAS NOTICED BY YOU.
YOU ARE JUST WASTING YOURS AS WELL AS EXPERTS' TIME WITHOUT ANY REASON.
T. Kalaiselvan, Advocate
(Expert) 03 May 2015
The author may look for some ways to represent the matter before high court since this seems to be an injustice caused to the petitioner, before that the third party and his relationship with the original respondents may be clarified. You can take cues from expert Mr. Anirudh's opinion for appeal or WP.
Biswanath Roy
(Expert) 05 May 2015
Consult with any local Senior Counsel with all of your papers and documents to arrive at a solution.
P. Venu
(Expert) 14 May 2015
In a contempt petition, the affidavit-in-reply requires to be filed by the alleged contemnor and no other person.
Hence a Writ Petition could be filed in the High Court under Article 226/227. This aspect has been settled by the Supreme Court in the decision dated 13/3/2015 (Sujitendra Singh vs. State of WB)
