Central administrative tribunal order

 

Online (Querist)
10 March 2021

My department is dishonoring the Central administrative tribunal order. So I am filing one petition contempt of court. If my department desperately violating the contempt of court then what should be our next step




Guest (Expert)
10 March 2021

You have an Good Case. Refer Section 27 of the CAT Act 1985.-- Execution of Orders of the Tribunal. First Check with the Concerned Department and then Discuss with your Advocate and Proceed.

kavksatyanarayanaOnline (Expert)
10 March 2021

Usually, if the department receives court orders, they obtain a legal opinion from the Government Pleader/instructions from the concerned HOD, then the department take action.

P. Venu Online (Expert)
11 March 2021

Has the Department approached the High Court in a Writ of Certiorari? If not, Contempt Petition could be filed. The Department is bound to implement the directions, once the CP is filed and due notice is issued to the respondents.

pankaj DevOnline (Querist)
11 March 2021

1.How can you confirm whether Department has approached to High court nor not
2.Whether I will get any intimation/notice from High court
3, Whether i can file Contempt of court if they have approached to High court

P. Venu Online (Expert)
11 March 2021

As to implementation of the CAT directions, you may seek the information under RTI Act.
Once the Writ is filed and admitted, you need to be served notice.
Technically, a contempt petition could be filed unless the CAT directions are stayed by the High Court. However, even if there is no stay, the Tribunals are slow to proceed with the CP, once Writ is filed.

pankaj DevOnline (Querist)
13 March 2021

(1) If my department did not proceed to high court till date , then after filing my Contempt to court can they proceed to high court for challenging the CAT( Central Administrative Tribunal) order.
(2) If they proceed to high court after my submission of Contempt of court to CAT( Central Administrative Tribunal ) , will the high court admit the case.
(3) Can i submit any document to CAT in the contempt of court which is not in the public domin like Confidential file, Administrative file etc .

pankaj DevOnline (Querist)
13 March 2021

(1) If my department did not proceed to high court till date , then after filing my Contempt to court can they proceed to high court for challenging the CAT( Central Administrative Tribunal) order.
(2) If they proceed to high court after my submission of Contempt of court to CAT( Central Administrative Tribunal ) , will the high court admit the case.
(3) Can i submit any document to CAT in the contempt of court which is not in the public domin like Confidential file, Administrative file etc .


P. Venu Online (Expert)
13 March 2021

Filing of contempt does not prevent the the department from approaching the High Court or the High Court admitting the Writ Petition. In the CP only the limited question of implementation of the the directions alone could be taken up. Your advocate would guide you in the matter.

pankaj DevOnline (Querist)
17 March 2021

In my posting order copy Central administrative tribunal order (CAT) has direct the authorities to explore the possibilities of adjusting /retaining the applicant(Me) in Station X against a vacancy or a nearest vacancy till the post at Station X fall vacant keeping in mind the sprit of the DOPT OM dated 30.09.09. I am confused with the term NEAREST VAVANCY . The term NEAREST VAVANCY meaning
1) In that same station X with additional creation of vacancy oy to the lower position
2) In the different station (Say station Y) nearer to station X. Then what should be the distance between station X and station y



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