Effect of dismissal of contempt petition

NN Ojha (Querist) 10 February 2011 This query is : Resolved
Does dismissal of a contempt petition constitute a bar on filing an OA on grounds including inter alia some of the grounds on which the contempt petition was filed in the CAT? Any case law on the subject?

Follow Query

Report Abuse

M V Gupta (Expert) 11 February 2011
Do you mean EA for executing the orders of the CAT? The answer is "No". You can still file execution application.

NN Ojha (Querist) 11 February 2011
Thanx sir; not EA but OA, i.e. 'Original Application' in the CAT. It is like this. A senior colleague who retired as secretary level officer of the GOI went to CAT for some pay fixation dispute recently persuant to Sixth pay commission and the OA was dismissed on the plea that some of the grounds raised in the OA were also raised by the applicant in a contempt petition he filed earlier due to a similar dispute persuant to the Fifth pay commission and the CP was dismissed. (Dismissal of the CP too could have been contested successfully but the applicant took it lying low as he got relief through acceptance of his representations by the GOI)

Previous

Next

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

Click here to login now