Implementation of court order
Swati
(Querist) 17 July 2017
This query is : Resolved
I won a service matter case in CAT. 4 weeks time was time was initially given to the department for implementation. However they filed an MA seeking two months extra time for order implementation. They were granted this time and my contempt notice was kept in abyence. Department committed in CAT twice to implement the order. Meanwhile they are planning to file a writ in high court before expiry of two months.
Please let me know that after giving statement in CAT to implement the order, Can department go for writ or whether this writ is acceptable?
Swati
(Querist) 17 July 2017
Pls help me with the query
P. Venu
(Expert) 18 July 2017
Yes, they can. This is the usual tactics employed by Government Departments. However, in a Writ of Certiorari to the High Court against a decision of the CAT lies only if there is an irregularity or illegality.
Rajendra K Goyal
(Expert) 18 July 2017
Orders of the CAT regarding granting of time need to be referred.
If some writ is filed in High Court, have to defend the same on merits.
krishna mohan
(Expert) 20 July 2017
I agree with the views of Mr.Venu. But, if they seek time for implementation, it is expected that they will comply with the CAT directives. Better you can seek the help of your lawyer who helped in CAT so that CAT order is obtained for time bound compliance.
