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2024 Supreme(Online)(KER) 6310
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
A N NANDA – Appellant
Versus
C.K. RAJENDRAN – Respondent
OP (CAT) 360/2017
Contempt proceedings should not be initiated against a party when there is a pending SLP before the Supreme Court raising substantial questions of law.
Headnote:
CONTEMPT - SUBJECT TO OUTCOME OF SLP - SUMMARY: The court set aside the impugned order and allowed the original petitions filed by the officials of the Union of India challenging the contempt proceedings initiated against them, subject to the outcome of the SLP pending before the Supreme Court.
Fact of the Case:
The Union of India officials filed original petitions challenging the contempt proceedings initiated against them for non-compliance with the orders passed by the Central Administrative Tribunal (CAT). The contempt proceedings were initiated after the officials failed to comply with the CAT's orders in two separate cases.
Finding of the Court:
The court held that the impugned order initiating contempt proceedings against the officials was not sustainable in view of the SLP pending before the Supreme Court. The court observed that the SLP raised substantial questions of law and that it would be appropriate to await the outcome of the SLP before proceeding with the contempt proceedings.
Issues: Whether the contempt proceedings initiated against the officials were sustainable in view of the SLP pending before the Supreme Court.
Ratio Decidendi: The court relied on the principle that contempt proceedings should not be initiated against a party when there is a pending SLP before the Supreme Court raising substantial questions of law.
Final Decision: The court set aside the impugned order initiating contempt proceedings against the officials and allowed the original petitions filed by them.
[OP (CAT) Nos.356/2017, 360/2017] Dated this the 23rd day of February, 2024 A.MUHAMED MUSTAQUE (J) In view of the fact that the SLP is pending and the contempt proceedings are initiated against the Officials, this Original Petition are filed by the officials of the Union of India, challenging the Contempt Proceedings.
In view of the above, we of the view that the impugned order has to be set aside and the Tribunal shall proeed further with the contempt, subject to the outcome of the SLP.
The impugned order is set aside and the Original Petitions are accordingly allowed.
Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- SHOBA ANNAMMA EAPEN JUDGE RK OP (CAT) NOS. 356 AND 360 OF 2017 APPENDIX OF OP (CAT) 356/2017 PETITIONER ANNEXURES ANNEXURE P1 TRUE COPY OF THE ORDER DATED 31/3/2016 OF THIS HON'BLE TRIBUNAL ORIGINAL APPLICATION NO.180/666/2015 ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 20/2/2017 OF THE HON'BLE HIGH COURT IN OP(CAT) NO.9/2017 ANNEXURE P3 TRUE COPY OF THE ORDER DATED 1/6/2017 IN MA.NO.180/480/2017 IN OA NO.180/666/2015 OF THIS HON'BLE TRIBUNAL ANNEXURE R4(a) TRUE COPY OF ORDER OF THE BANGALORE BENCH DATED 10/8/2015 IN OA 944- 975/2015 ANNEXURE R4(b) TRUE COPY OF THE COMMON JUDGMENT DATED 7/3/2017 IN WPC 7391-7425/2017 EXHIBIT P1 TRUE COPY OF THE CONTEMPT PETITION NO.180/00107/2017 DATED 17.09.2017 FILED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE MA TO ACCEPT AFFIDAVIT AND AFFIDAVIT DATED 10.11.2017 FILED IN C.P 180/00107/2017. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 18.11.2017 ISSUED BY THE REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P4 TRUE COPY OF ORDER DATED 19.12.2017 IN CP 180/00107/2017 IN OA 180/00666/2015 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL. 2024:KER:14637 OP (CAT) NOS. 356 AND 360 OF 2017 APPENDIX OF OP (CAT) 360/2017 PETITIONER ANNEXURES EXHIBIT P1 TRUE COPY OF THE CONTEMPT PETITION NO.180/00106/2017 DATED 17.09.2017 FILED BY THE RESPONDENT. EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 07.11.2017 ISSUED BY THE REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P3 TRUE COPY OF THE MA TO ACCEPT AFFIDAVIT AND AFFIDAVIT DATED 10.11.2017 FILED IN C.P.180/00106/2017 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19.12.2017 IN CP 180/00106/2017 IN OA.180/00667/2015 ISSUED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL. Annexure P1 TRUE COPY OF THE ORDER DATED 31.03.2016 OF THIS HON'BLE TRIBUNAL ORIGINAL APPLICATION NO.180/667/2015 Annexure P2 TRUE COPY OF JUDGMENT DATED 20.02.2017 OF THE HON'BLE HIGH COURT IN OP(CAT) NO.3/2017 ANNEXURE P3: TRUE COPY OF THE ORDER DATED 01.06.2017 IN M.A.NO.180/470/2017 IN O.A.NO.180/667/2015 OF THIS HON'BLE TRIBUNAL. ANNEXURE R-4(A): TRUE COPY OF ORDER OF THE BANGALORE BENCH DATED 10.08.2015 IN OA 944- 976/2015. ANNEXURE R-4(B): TRUE COPY OF THE COMMON JUDGMENT DATED 07.03.2017 IN WP(C) 7391-7425/2017.
