Service matter

SRIKUMAR (Querist) 04 March 2012 This query is : Resolved
I won an OA in CAT in March 2010 in a matter regarding promotion; the govt. went on appeal to the High Court .This appeal by the U.O.I was dismissed by the H.C in totality on 18 Jan 2012 .The certified copy was given to them by me on the 3rd of Feb 2012. I wanted to know (1)how long i need to wait( resonable time) before filing a contempt petition.. (2) if they aproach the Supreme court for SLP etc. ,will my CAT order be suspended/stayed till SLP is decided upon? Please advice .

Follow Query

Report Abuse

Kirti Kar Tripathi (Expert) 04 March 2012
under the law, a contempt petition can filed within one years from the date contempt committed. So you can wait maximum for one year. So for as second part of your query is concerned, It will depend on orders passed by supreme Court in SLP, if any SLP is filed.

Raj Kumar Makkad (Expert) 04 March 2012
Why should you wait as you are already out of service and need your service as earliest as possible. You should file contempt of court procceding immediately after the expiry of 60 days of pronouncement of judgment by High Court.

Hon'ble Supreme Court shall pass specific order which shall be self statement.

venkatesh Rao (Expert) 04 March 2012
Tripati ji is correct. Reasonable time would be two months because of the administrative reasons.Pl. allow them this period which is reasonable. Normally sc will not stay unless there are compelling circumstances.

Guest (Expert) 04 March 2012
I endorse the views of Shri Raj Kumar Makkad. In my views, even a single day beyond the appealable time should be enough to file a contempt case against the defiant authorities.

Nu.Delhi.Law.Fora. (Expert) 04 March 2012
Dear Querist,

Please note that the UOI may contemplate filing SLP within 90 days of passing of Order by HC in your case. In order to avoid further delay in obtaining justice, you may file Caveat in SC so that you get a chance to oppose any STAY order which SC may pass in the contemplated SLP (by UOI). You will get a fair chance to put forth your point during the admission hearing in SC.

Trust this would be fine.

Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi.

R.K Nanda (Expert) 04 March 2012
!. after 60 days from H.C. order date.

2.file a caveat in S.C. so that you can

oppose SLP of UOI at the time of its

admission.

Nadeem Qureshi (Expert) 04 March 2012
I agree with the experts

Raj Kumar Makkad (Expert) 04 March 2012
I also suggest you to file a caveat before Hon'ble Supreme Court of India so that you may be heard first before passing any order on theh proposed appeal of UOI.

prabhakar singh (Expert) 08 March 2012
I agree with the last four opinions which show you correct path to proceed.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries