CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH CONTEMPT PETITION NO.60/118/2019 ORIGINAL APPLICATION NO.60/586/2018 (RESERVED ON: 25.04.2024)

PROUNCED ON: 03.05.2024 CORAM:

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)

HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Prashant Kumar Sinha, S/o Sh. Chandra Bhushan Sinha, aged 42 years, R/o B-404, Sushma Elite Cross, Old Ambala Road, Zirakpur, presently working as Deputy General Manager (Technical) in the office of National Highways Authority of India, Begusarai, Bihar (Group-A)

…. Applicant (By Advocate: Sh. Yogesh Putney)

Versus

1. S. Radha Chauhan, Secretary to Government of India, Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training, North Block, Central Secretariat, New Delhi

110001. (E-Mail: secy_mop@nic.in)

2. Sh. Santosh Kumar Yadav, IAS, Chairperson, National Highways Authority of India, G-5&6, Sector 10, Dwarka, New Delhi 110075. (E-Mail: chairman@nhai.org)

3. Sh. Alok, IAS, Member (Admin), National Highways Authority of India, G-5&6, Sector 10, Dwarka, New Delhi 110075. (E-Mail:

memberadmin@nhai.org)

4. Sh. Kuldeep Singh Jamwal, General Manager (Admn.HR), National Highways Authority of India, G-5&6, Sector 10, Dwarka, New Delhi-110075 (E-Mail: kuldeepjamwal@nhai.org)

….Respondents (By Advocate: Sh. Satyapal Jain (Sr. Advocate), Additional Solicitor General of India along with Sh. Vinod Kumar Arya).

O R D E R

PER: RASHMI SAXENA SAHNI, MEMBER (A)

1. Present Contempt Petition has been filed by the petitioner for wilful and intentional disobedience of the order dated 01.05.2019 (Annexure P-1) passed by this Tribunal in O.A.

No.60/586/2018.

2. It has been submitted by the petitioner that the O.A. was allowed vide order dated 01.05.2019, which was dispatched by the Registry on 02.05.2019 to the counsel for the parties. After receiving a certified copy of the said order, the applicant made representation dated 10.05.2019 (Annexure P-2) to respondent No.2 and 3 to implement the order. Thereafter, another representation dated 25.06.2009 was made to respondents No.2 and 3 by the petitioner (Annexure P-3). The order was to be implemented by the respondents by 01.07.2019 but despite his representations, they did not implement the order then applicant made representation dated 13.07.2019 sent through email of the same date followed by reminder dated 26.07.2019 sent through email. Despite repeated requests and reminders, the respondents have not implemented the judgment. It has further been submitted that the petitioner has not received any notice from the Hon’ble High Court regarding challenge laid by the respondents to the order dated 01.05.2019 passed by this Tribunal in O.A. No.60/586/2018. Hence the respondents are liable to be tried and dealt under Article 2015 of the Constitution of India, read with C.A.T. (Contempt of Courts) Rules 1992 and Contempt of Courts Act, 1971.

3. The respondents have filed compliance affidavit on

07.03.2023 stating therein that in order dated 01.05.2019 passed in OA No.586/2018, this Tribunal, directed the respondents NHAI "to treat him (the applicant) eligible and consider his case for promotion as DGM (T) from the date when persons junior to him were so promoted and if found eligible, he be given relief with all consequential benefits arising out of it, within a period of two months from the date of receipt of a certified copy of this order".

4. The order of the Tribunal was upheld by the Hon’ble High Court vide its judgment 07.05.2022 passed in C.W.P.No.1596/2021 stating that "the order of the Tribunal is well founded and does not suffer from any illegality or infirmity and is passed on the basis of a right which is enforceable as per Regulation 22 and on the fact that the Government of India instructions would be binding upon the Authority."

5. The aforesaid order dated 07.05.2022 was further challenged in SLP No.18250 of 2022 in the Hon’ble Supreme Court of India. The Hon’ble Supreme Court of India also upheld the said order and the Co