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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Raj Kumar Yadav – Appellant
Versus
Chief Secretary Govt. of NCT of Delhi – Respondent
JUDGMENT
V. Kameswar Rao, J. (Oral) - The challenge in these petitions is to an order dated November 30, 2017 passed by the Central Administrative Tribunal (`Tribunal', for short) in MA 1393/2017 filed in CP 595/2016, whereby the Tribunal has dismissed the MA filed by the petitioners herein seeking restoration of the CP, which was closed by the Tribunal vide order dated March 21, 2017 by holding that the order dated February 03, 2016 passed by the Tribunal has been substantially complied with.
2. The only submission made by Mr. Romy Chacko is that the Tribunal has decided the CP on March 21, 2017 in the absence of the counsel for the petitioners. He submits, there is a violation of order passed by the Tribunal on February 03, 2016 inasmuch as the respondents have, without resorting to the regular appointments, disengaged the appointments of the petitioners. This according to him is at variance with the paragraph 24.1 of the order dated February 03, 2016 passed by the Tribunal.
3. Though, Mr. Kumar Rajesh Singh, appearing for the respondents would justify the order of the Tribunal, we are of the view that, since the Tribunal vide the impugned order has dismissed the CP without hearing
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.
Importance of ensuring compliance with previous orders and considering the petitioner's contentions before closing a contempt petition.
Review petitions should demonstrate an apparent error on the face of the order being challenged, rather than challenging the order on its merits.
The court has the power of judicial review in disciplinary proceedings and can set aside orders if they are not in accordance with the law.
The importance of establishing the alleged violator's knowledge of the order and deliberate violation.
Contempt proceedings in cases where orders passed by the High Court in petitions subsequently stand transferred to the Central Administrative Tribunal shall lie only before the Tribunal under Section....
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