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Assim Ujjawal   27 March 2024

Recruitment

Respected Sir,

We won a case against Staff selection commission in CAT in January 2023. We file contempt of court in May 2023 but SSC kept delaying our recruitment and challenges the CAT verdict in October 2023 but kept delaying the argument in High court by making one excuse or another. On 29th February 2024 High court upheld the CAT verdict and also noted the delay the SSC has caused in our recruitment without giving any valid reason. Meanwhile CAT dropped the contempt progression against SSC after 6 to 7 month saying matter is pending in DELHI HIGH COURT . High court judge did not liked the attitude of CAT but said we would not mention this in order since it would send wrong signal. Six weeks provided by high court would expire in 2nd week of april.But ssc has not lifted a finger to conclude the process since there is still one provisional exam is pending. My question is can we file contempt of court in 1st week of april itself citing they have not even started the process. I do not want to wait till the end of mid april, as they would certainly try to drag the matter till summer vacation. Please guide.



Learning

 6 Replies

Isaac Gabriel (Advocate)     27 March 2024

You have to wait for the outcome of the pending case.Neverthless you can urge your councel for speedy disposal by mentioning.

 

T. Kalaiselvan, Advocate (Advocate)     27 March 2024

Though six weeks time has been given,  you may have to wait for the expiration of the period of appeal to ensure that they don't file an appeal against the decision 

jesse628wallick   29 March 2024

If the High Court has upheld the CAT verdict and noted the delay caused by the SSC without valid reason, and the six-week deadline set by the High Court is approaching without any action from the SSC, it may be possible to file for contempt of court.

Contempt of court proceedings can be initiated when a party does not comply with a court order. If you believe that the SSC is not taking the necessary steps to comply with the High Court’s order, and you have evidence to support this, you could consider filing for contempt. It’s important to document all instances of non-compliance and delays.

However, legal strategies can be complex and the timing of such actions can be critical. It would be wise to consult with a legal professional who can provide specific advice based on the detailed circumstances of your case and the applicable laws in your jurisdiction. They can guide you on the appropriate timing and the process for filing contempt, as well as any other potential legal remedies that may be available to you.

Remember, the guidance provided here is not a substitute for professional legal advice.

Assim Ujjawal   29 March 2024

Thankyou so much for your valuable suggestions Sir. We do have a lawyer ..and we will file for contempt on 15 th April when 6 week duration is complete.I wanted to know if we have option to file early since we are sure they are not taking any action to comply and our recruitment is already more than 2 year delayed. Not to mention the kind of trauma and uncertainty they have subjected us to by their mischievous activities and the way they have handled this case.

Thankyou 

T. Kalaiselvan, Advocate (Advocate)     29 March 2024

You cannot take any legal action to your urgency, you have to follow the procedures of law before junping into any conclusion on the subject

Assim Ujjawal   04 April 2024

Sir thankyou for your valyable suggestions. We are planning to revive contempt petiotion in CAT since our layer is saying we can't file contempt in High court because HC has not given any fresh order it has just uphelded CAT's verdict and that we should file Caveat in SC. Now we feel so confused, one year ago same thing was done before SSC approached High court. What if SSC neither comply with high court order nor it approaches SC within notice period that CAT's gives once we revive the contempt petition. Last time CAT kept giving time on time to ssc for 8 months untill SSC approached HC then CAT just suspended our contempt petition. What if SSC again takes it sweet time to approach SC. Will CAT just wait or it can summon ssc officials if they neither comply with HC order nor they approach SC. They have wasted years of our hard work. Almost a decade has gone since we applied for the exam. Our career is hanging in balance. and i don't know how to get out of it.


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