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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Amit Kumar – Appellant
Versus
Union of India Through Its Secretary – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral)
CM APPL. 38481/2023 (exmp.)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(C) 9987/2023 & CM APPL. 38480/2023
1. This petition has been filed by the petitioner challenging the order dated May 24, 2023, which was passed by the Central Administrative Tribunal (in short `Tribunal') in C.P. No. 54/2023 in O.A. No. 1392/2020, whereby the Tribunal has closed the contempt petition by stating in paragraphs 3 & 4 as under:
"3. We believe in the statement made by the learned counsel for the respondents. However, we direct them to file compliance affidavit in this behalf, with an advance copy to the other side, within two working days from the date of receipt of a copy of this order.
4. The C.P stands closed with the above observation.
There shall be no order as to costs."
2. The submission of learned counsel for the petitioner is that the Tribunal could not have closed the contempt petition when it had given directions to the respondents to file a compliance affidavit. This according to him, because it is the case of the petitioner that in the order dated December 21, 2022, the respondents have reiterated their stand take
Importance of ensuring compliance with previous orders and considering the petitioner's contentions before closing a contempt petition.
Compliance with court order via subsequent authority action extinguishes contempt proceedings.
Tribunal's decision to dismiss a case without hearing the parties and considering relevant pleadings may be inappropriate and subject to revival upon court's direction.
Contempt closed upon claimed compliance, liberty given to challenge order's adequacy.
The court has the authority to reopen contempt petitions upon compliance with previous orders.
Contempt of court requires clear evidence of willful disobedience of an unambiguous order; unintentional mistakes do not constitute contempt.
Contempt petition closed upon proof of compliance with prior court order via re-appointment.
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