Maintainability of contempt in Central Administrative Tribunal

Querist : Anonymous (Querist) 26 November 2010 This query is : Resolved
The judgment of Central Administrative Tribunal was challenged in High Court under Article 226 of the Constitution of India.High Court Affirmed the decision of Central Administrative Tribunal and dismissed the writ petition. Question is
(a) Whether the decision of Central Administrative Tribunal merged in high court? if yes why when high court jurisdiction is neither appellate nor revisionary but discretionary?
(b) After dismissing of writ petition whether contempt petition is maintainable in Central Administrative Tribunal? if Yes please give judicial precedent?
(c) If contempt petition is not maintainable in CAT than whether it is maintainable in high court ? Any judicial precedent?

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R.Ramachandran (Expert) 27 November 2010
Dear Anonymous,
In this case certainly the decision of High Court in the writ petition has the effect of marging the order passed by the CAT. Though Art. 226 is a discretionary remedy, in the instant case it is not purely discretionary. Being an order challenging the order passed by the lower authority / judicial forum the HC has to conduct judicial review of the order under challenge, and either uphold or set aside. The HC could not have merely dismissed the writ in limine. Therefore the doctrine of merger would apply to this case.
In case of any contempt, the same has to be filed before the HC and not the CAT.

Ajay Bansal (Expert) 27 November 2010
AS PER MY VIEW CATS'S JUDGEMENT SHOULD NOT BE CONSIDERED BY HIGH COURT.AS FAR AS CONTEMPT IS COCERNED, IT IS LIED IN CAT.

Advocate. Arunagiri (Expert) 27 November 2010
Contempt petition has to be filed before which court, the contempt is committed. What act of the party do you mean as contempt?

R.Ramachandran (Expert) 27 November 2010
Dear Mr. Ajay,
You say according to your view CAT's judgments should not be consideredby High Court.
Can you please indicate why you say so?

Querist : Anonymous (Querist) 30 November 2010
A original Application was filed in Central Administrative Tribunal which was not allowed.The said order was challenged in High by means of Writ Petition under Article 226 of the Constitution of India.The writ petition was allowed by High Court. For disobedience of High Court Orders contempt was filed in High Court. High Court decided that Contempt petition should be filed in CAT.If citation is needed i shall give

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