1. Dispute over seniority determination for promotion — Tribunal reviewed its own final order during a contempt proceeding based on a subsequent judgment. (Para 3 , 4 )
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1999 Supreme(SC) 1483
SUPREME COURT OF INDIA
G.B.Pattanaik : U.C.Banerjee
K.G.Derasari
Versus
Union Of India
Case No. : 7185 of 1999
Date of Decision : 12/10/99
A court or tribunal cannot review or reverse its own final order during a contempt proceeding, as such proceedings are limited to verifying compliance. Any errors in the original order must be addressed through a formal review application.
Headnote:(A) Contempt of Courts Act - Administrative Tribunal Rules, Rule 24 - Contempt proceeding - Review of earlier decision - Whether a Tribunal is justified in issuing directions that amount to a review of its own earlier decision during a proceeding for contempt - In a proceeding for contempt, the Court or Tribunal is required to examine whether the decision which has already reached finality, not being challenged or annulled in an appropriate forum, has been complied with or not - It is not permissible for the Tribunal at that stage to re-examine the matter in light of other judgments and reverse its earlier decision (Paras 5, 7).
(B) Review Application - If a Tribunal fails to consider a previous decision of the Supreme Court which is the law of the land and by which it was bound, the remedy available to the aggrieved person is to file an application for review, not a contempt application (Para 7).
Facts of the case:
A dispute arose regarding the principles for determining seniority upon promotion from the post of Lower Division Clerk to Upper Division Clerk. The Tribunal had disposed of the matter via an order. Subsequently, a contempt application was filed alleging non-compliance with said order. During the contempt proceedings, the Tribunal examined a different judgment that had not been placed before it previously, reviewed its own earlier order, and held that no contempt had occurred.
Findings of Court:
The Tribunal was not entitled to consider the legality of its earlier order, which had reached finality, within a contempt proceeding. Consequently, the subsequent seniority list drawn up pursuant to the directions in the impugned order is also unsustainable.
Issues: Whether a Tribunal, while hearing a contempt application, has the jurisdiction to review and reverse its own earlier final order.
Ratio Decidendi: In a contempt proceeding, the Tribunal is only concerned with whether the earlier decision reached finality and whether it has been complied with. It is beyond the powers and jurisdiction of a Tribunal or Court to examine the correctness of a final decision and reverse it within the scope of a contempt application.
Result: Appeal allowed.
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2. Whether a Tribunal can review and reverse its final order during contempt proceedings if binding precedent was overlooked, or if the scope is limited to compliance. (Para 5 , 6 )
3. A Tribunal cannot examine the correctness of a final order in contempt proceedings; the proper remedy for correcting errors is a review application. (Para 7 )
4. In contempt proceedings, a court or tribunal is limited to determining compliance with a final order and cannot review or reverse the merits of that order. (Para 7 )
5. Appeal allowed — impugned order of the Tribunal and the subsequent seniority list drawn pursuant to it set aside. (Para 8 , 9 )
6. Can a Tribunal review the legality of its own final order during a contempt proceeding?
No. In a contempt proceeding, the Tribunal is only concerned with whether the final decision has been complied with. It is not permissible for a Tribunal or Court to examine the correctness of the earlier decision or reverse it. (Para 7 )
7. What is the appropriate remedy if a Tribunal's final order failed to consider a binding precedent?
The aggrieved person must file an application for review before the Tribunal rather than initiating contempt proceedings to challenge the legality of the order. (Para 7 )
8. What is the effect on subsequent actions taken based on an unsustainable order issued during a contempt proceeding?
If the order issued by the Tribunal in a contempt proceeding is found to be unsustainable, any subsequent actions or lists drawn up pursuant to that order are also unsustainable. (Para 8 )
(1) LEAVE granted.
(2) THE short question that arises for consideration in this appeal is whether the Tribunal was justified in an application for contempt by issuing direction which tantamounts to the review of its earlier decision?
(3) THE dispute relates to the principles to be followed for determination of seniority on being promoted to the post of U.D.C. from that of L.D.C.
(4) ON an application being filed before the Central Administrative Tribunal (for short "the Tribunal") which was registered as O.A. No. 392/93, the Tribunal disposed of the matter by its order dated 17.1.1995 following the decision in the case of Mohinder Kumar and Ashok Mehta [T.A. No. 556/1986 and O.A. 147/88]. That decision of the Tribunal was made on 17.1.1995 and it transpires that there was an earlier decision in the case of N. Ravindran which arose out of a judgment of Central Administrative Tribunal, Ernakulam Bench and which had not been placed before the Tribunal. On a contempt application being filed before the Tribunal alleging that the decision dated 17.1.1995 has not been followed, the Tribunal examines the decision in Ravindrans case, reviews its earlier order and holds that there is no contempt. It is this order which is being assailed in this appeal.
(5) THE learned counsel for the appellant contends that in a proceeding for contempt under the provisions of Contempt of Courts Act, the Court or the Tribunal is required to examine whether the decision which has already reached finality not being challenged or annulled in an appropriate forum, has been complied with or not. It is not permissible for the Tribunal at that stage to reexamine the matter in the light of some other judgment and reverse its earlier decision.
(6) THE learned Additional Solicitor General, however, contends that the law on the question of inter se seniority having been settled by the judgment of this Court in Ravindrans case in C.A. Nos. 4556-59/93, it will be well within the powers of the Tribunal to take that into consideration and review its earlier direction notwithstanding the fact that the application before the Tribunal is one for initiation of a contempt proceeding as the authorities did not comply with its earlier direction. He also pointed out that in pursuance of the direction of the Tribunal in the impugned order, a fresh tentative seniority list was drawn up which was circulated inviting objections and, on consideration of those objections, a final gradation list had been formed and, therefore, it would not be appropriate for this Court to unsettle that finality. The learned Additional Solicitor General also brought to our notice the provisions of Rule 24 of the Administrative Tribunal Rules.
(7) HAVING considered the rival submissions at the bar, we have no hesitation to come to the conclusion that the Tribunal was not entitled to in a contempt proceeding, to consider the legality of its earlier order which has reached finality not being assailed or annulled by a competent forum. If the Tribunal has not looked into any previous decision of this Court which is the law of the land and by which it was bound, the remedy available to the aggrieved person was to file an application for review. Admittedly, no review application was filed before the Tribunal. In an application for contempt, the Tribunal was only concerned with the question whether the earlier decision has reached its finality and whether the same has been complied with or not. It would not be permissible for a Tribunal or Court to examine the correctness of the earlier decision which has not been assailed, and reverse its earlier decision. In that view of the matter, the impugned order cannot be sustained, the same being beyond the powers and jurisdiction of the Tribunal in a contempt proceeding.
(8) NEEDLESS to mention that if the impugned order is not sustainable, then the subsequent seniority list drawn up pursuant to the direction und
