Dear Sir,
CAT ordered in Jan 2010 in an OA to expungethe adverse remarks in my ACR and the department communicated its compliance to me but the ACR copy obtained under rti showed that neither adverse remarks were deleted nor existing overall grading was blocked before placing this acr again to DPC for fresh grading. As per CAT order and DOPT OM the "future DPC"met on 9th april 2010 and DPC gave the same earlier grading. I filed MA for execution of order. CAT clearly ordered in sep 2011 that the order was not complied properly and the same should be done within eight weeks , also stating that placing a note before DPC about expunging of adverse remarks was not correct. The used the word "Future DPC" which was though in context of DOPT OM and CAT Order of Jan 2010, the department did not again set things right by claiming that "Future DPC"in CAT;s MA order was not wrt the DPC conducted on 9th April 2010 but for future DPC. Besdides, now department instead of deleting the adverse remarks, just put remarks beside the adverse remarks that these adverse remarks are expunged as per CAT Order dated so and so.
I filed Contempt petition in CAT.First CAT issued an interim order saying it will have to decide whether the CP applies on MA also or not and reserved the judgement. Later CAT dismissed the C.P. by stating that department has complied with the cat order by expunging the adverse remarks and blocking the existing grading in the ACR and hence the C.P. is dismissed.
The fact is aftyer first CAT Order in Jan 2010 , department did not comply with blocking the existing overall grading and even adverse remarks were shown as it is to the "future DPC"" on 9th april 2010 and hence the DPC was prejudiced. Thusit was clear non-compliance and the same was accepted in its order on MA by CAT which stated that "Blocking means blocking from one's view and placing of separate note before DPC about expinging of adverse remarks were not correct.".
Further when DPC took place the existing overall grading was not blocked and hencethe statement by Div bench CAT order that department complied with both, is incorrect.
CAT while dismissing CP also did not clarify on its interim order issue when it said that it will have to decide whether Contempt applies on MA , for execurtion order or not>
Now, what are the legal options available to me? I am told that review petition are rejected in CAT as a matter of fact and I need to approach Supreme Court by SLP against CAT Order. Is it correct? How much time S.Court will take to decide and direct?
I shall be grateful for your kind advise at the earliest.
Regards
AB
