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How to initiate court contempt procedure
11-Apr-2023 (In Labour & Service Law)
My father was died in 2010 while in Government service. In 2014 and 2016, I have got favourable order from Hon'ble CAT for getting compassionate appointment, and the Department didn't considered my case.The final order was on June 2016, and the court given 3 months time to the department for reconsidering and intimating the same to me. While the court order in effect the department considered and given appointment for other peoples. Its more than 10 months have passed, after court order. So what action can be taken against the department and how to be proceed?
As per Section 27 in The Administrative Tribunals Act, 1985
27. Execution of orders of a Tribunal.—Subject to the other provisions of this Act and the rules, 54 [the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order] shall be executed in the same manner in which any final order of the nature referred to in clause
(a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
Thus, the said department will have to comply to same or you can file contempt petition in the CAT.
27. Execution of orders of a Tribunal.—Subject to the other provisions of this Act and the rules, 54 [the order of a Tribunal finally disposing of an application or an appeal shall be final and shall not be called in question in any court (including a High Court) and such order] shall be executed in the same manner in which any final order of the nature referred to in clause
(a) of sub-section (2) of section 20 (whether or not such final order had actually been made) in respect of the grievance to which the application relates would have been executed.
Thus, the said department will have to comply to same or you can file contempt petition in the CAT.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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