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JAMMU AND KASHMIR HIGH COURT BENCH AT SRINAGAR
Sanjay Dhar, J.
Nazir Ahmad Lone & Ors. – Appellants
Versus
B.R.Sharma & Ors. – Respondents
CPSW No. 905 of 2015 in Service Writ Petition No. 487 of 2013
Decided On : 14-12-2022
Violation of Order - Jurisdiction of Central Administrative Tribunal - The court held that contempt proceedings in relation to orders passed by the High Court in petitions subsequently transferred to the Tribunal shall lie only before the Tribunal under Section 17 of the Act.
Fact of the Case:
The petitioners complained about the violation of an order passed by the Court, directing the respondents to consider the claim of the applicants/petitioners strictly as per the rules.
Finding of the Court:
The court found that the petition was not maintainable based on the ratio laid down in a previous case, which held that contempt proceedings in such cases shall lie only before the Central Administrative Tribunal.
Issues: Violation of court order, jurisdiction of Central Administrative Tribunal
Ratio Decidendi: Contempt proceedings in relation to orders passed by the High Court in petitions subsequently transferred to the Central Administrative Tribunal shall lie only before the Tribunal under Section 17 of the Act.
Final Decision: The instant petition was held to be not maintainable and was dismissed with liberty to the petitioners to approach the Central Administrative Tribunal.
JUDGMENT
Sanjay Dhar, J. - Through the medium of instant petition, the petitioners have complained about the violation of order dated 11.09.2013 passed by this Court in IA No.2295/2013 in SWP No.487/2013, whereby, respondents were directed to consider the claim of the applicants/petitioners strictly as per the rules occupying the field.
2. Statement of facts on behalf of respondents stands filed.
3. Since the main writ petition stands transferred to Central Administrative Tribunal vide order dated 14.12.2022 and a Co-ordinate Bench of this Court in case titled Abdul Qayoom Guroo vs. Ajeet Kumar Sahoo and Others, CCP(S) No.144/2020, decided on 29.09.2021, has, while considering the question as to whether Central Administrative Tribunal constituted under Section 4 of the Administrative Tribunal Act, 1985 ['the Act'] has power and authority under Section 17 of the Act to punish for contempt in relation to an interim order passed by the High Court in a writ petition, which was subsequently transferred to it under Section 29 of the Act, held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act.
4. Therefore, in view of the aforesaid ratio laid down by this Court, the instant petition is held to be not maintainable. The same is, accordingly, dismissed with liberty to the petitioners to approach the Central Administrative Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992.
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....
The Central Administrative Tribunal has exclusive jurisdiction over contempt proceedings related to interim orders of the High Court once a case is transferred under Section 29 of the Administrative ....
Contempt proceedings related to transferred High Court orders must be pursued under the Central Administrative Tribunal's authority as per Section 17 of the Administrative Tribunals Act, 1985.
The importance of the final decision being made by the Central Administrative Tribunal without being influenced by any observation made in the contempt proceedings.
An order dropping contempt proceedings is not an order punishing the respondents for contempt and therefore does not fall within the scope of Section 19 of the Contempt of Courts Act, 1971, which pro....
The importance of establishing the alleged violator's knowledge of the order and deliberate violation.
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