Warns of contempt proceedings in appointment case
*Seeks personal appearance of RTO Ladakh, ARTO Leh
Mohinder Verma
JAMMU, Aug 24: Central Administrative Tribunal (CAT) Srinagar Bench has expressed anguish over departments’ casual approach in implementing its explicit orders, which ultimately leads to the filing of contempt petitions. In one such case, the Tribunal has sought the personal appearance of Regional Transport Officer (RTO) Ladakh and Assistant Regional Transport Officer (ARTO) Leh while as in another matter relating to compassionate appointment it has warned of initiating contempt proceedings for further non-compliance.
In a matter titled Mohd Hassan Versus Saugat Biswas, the CAT Srinagar Bench passed a detailed judgment on 29.08.2022 but the same remained unimplemented leading to the filing of contempt petition. On 16.05.2023, 06.05.2024 and 06.06.2024 time was granted to the respondents to implement the judgment.
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On 25-07-2024, counsel for the respondents submitted that compliance affidavit has been filed. However, counsel for the petitioner submitted that same has not been received by him. Accordingly, a direction was issued to the respondents to provide a copy of the compliance affidavit to the applicant within a week’s time.
When the contempt petition came up for hearing two days back, CAT Srinagar Bench comprising M S Latif (Member Judicial) and Prasant Kumar (Member Administrative) observed, “perusal of the file reveals that compliance has not been filed nor order dated 06-06- 2024 has been complied with by virtue of which the officers concerned were held liable to be present before this Tribunal”.
Taking serious note of this, the CAT sought personal appearance of RTO Ladakh as well as ARTO Leh to explain as to why they have violated the order of the court and to show cause as to why proceedings as warranted under Section 17 read with the Contempt of Courts Act, 1971 as also the Contempt of Courts (CAT) Rules, 1992, shall not be initiated against them.
While granting both the officers liberty to cause their presence through virtual mode, the CAT said, “we would not like to burden the exchequer by seeking their personal presence in person, as ultimately it is the money of the nation which is spent but for the casual and ordinary approach of the respondents in not complying with the orders of the court, the presence is required”.
Stating that Tribunal is not powerless to seek their presence while invoking Rule 9 of the Contempt of Courts (CAT) Rules, 1992, the Bench said, “the Tribunal may, if it has reason to believe, that the respondent is absconding or is otherwise evading service of notice, or has failed to appear in person in pursuance of the notice, direct a warrant, bailable or non-bailable, for his arrest, addressed to one or more Police officers or may order attachment of property belonging to such person”.
In another case titled Kiran Jyot Kour Versus Dilbagh Singh relating to compassionate appointment, the CAT had passed a judgment on 03.03.2023 but till date the same has not been implemented and this received sharp criticism from the Tribunal.
The contempt petition was listed on 18.07.2023, 28.08.2023, 01.12.2023 and 20.07.2024 and sufficient time was granted to the respondents. However, the matter came up for hearing two days back, the CAT Bench observed, “neither compliance nor statement of facts has been filed. The counsel for the petitioner submits that it is more than 18 months that the judgment has not been complied with”.
When confronted as to whether the judgment has been assailed by the respondents before any higher court, the Deputy Advocate General submitted that as on date he has no information as to whether the judgment has been reversed, set aside or stayed by any other higher court.
Accordingly, CAT granted 10 days time to the respondents to file compliance/statement of facts failing which court will be compelled to invoke its jurisdiction under Section 17 of the CAT Act read with Contempt of Courts Act as also Contempt of Courts (CAT) Rules, 1992.
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