Can we file contempt if cat case judgement is not accepted by department not a

You can file contempt petition against department in CAT.

You can file contempt in the H.C.

If a department is not actively taking steps to implement an order from the Central Administrative Tribunal (CAT), a contempt petition is generally not the appropriate course of action. Instead, an execution petition is the more suitable remedy to ensure the order is fully and properly implemented. 

Whether department has challanged the order passed by CAT ? If not, file contempt petition.

Thank u all.  

Yes the department has not agreed to the CAT judgement.  We were given a speaking order stating that earlier judgement of Ernakulam bench in respect of our counterparts in kerala was relating to Adhoc officers and cannot be extended to us being regular employees.

The irony here is the department itself quoted Ernakulam case as a plea stating the case was in Supreme Court which was later set aside. Our case was on principles of natural justice junior drawing more than seniors 

Now department states that it does not pertain to us.

If the department is reluctant to obey the orders of CAT and had expressed its unwillingness in writing then you may a contempt petition against the department for not obeying court order otherwise an execution petition may be maintainable.

Yes, filing contempt petition is only remedy

To determine the best course of action, let's break down the situation

Understanding Contempt Proceedings Contempt of court occurs when someone wilfully disobeys a court's judgment, decree, direction, or order. In your case, the department's speaking order denying benefits despite the CAT's directive may constitute contempt.

Filing Contempt Given the department's non-compliance, filing contempt proceedings might be an option.

However, consider the following: -

*Wilful Disobedience*: The department's actions must demonstrate wilful disobedience, meaning they intentionally disregarded the court's order. -

*Jurisdiction*: Only the Supreme Court and High Courts have inherent powers to initiate contempt proceedings. The CAT, however, can initiate contempt proceedings under Section 17 of the Administrative Tribunals Act, 1985, but its powers are limited compared to High Courts and the Supreme Court.

Next Steps If contempt proceedings aren't feasible or successful, consider

- *Appeal in CAT*: You can file an appeal or a review petition before the CAT itself, challenging the department's speaking order and seeking enforcement of the original directive. -

 *Writ Petition in High Court*: Alternatively, you can approach the High Court with a writ petition under Article 226 of the Constitution, challenging the department's order and seeking enforcement of the CAT's directive. Key Considerations Before proceeding, keep in mind⁵: -

*Limitation Period*: There's a one-year limitation period for initiating contempt proceedings under Section 20 of the Contempt of Courts Act, 1971. - *Evidence and Procedure*: Ensure you have sufficient evidence to support your claim and follow the proper procedure for contempt proceedings or appeals. Consulting a legal professional familiar with CAT and High Court procedures would be beneficial in determining the best course of action for your specific situation.

File contempt before same bench of CAT seeking professional services of your lawyer.

A perusal of the CAT order is absolutely essential for giving concrete advise on the feasibility of CP.

Thank u all

Discussed with our Advocate  he advised filing of  fresh case in CAT again.  Soo depressing.  It took 5 years to win the case.  Now again we have to file afresh 

 Lost faith in the judicial system.

No need to file afresh application before CAT as stated to have been advised by your lawyer.

S/he is befooling. You should immediately replace him/her. 

It is better to consult and engage another local prudent lawyer for professional advice and necessary proceedings 

Oh ok thank u  Sir. But he's the only one who takes up our office cases.

Can u suggest some good lawyer Sir?

But what is the alternative now?

Should we goto High Court?

If you are located in Delhi and feel like you may contact me.

otherwise find some other lawyer in your locality / nearby / CAT bar itself.