Central Administrative Tribunal - Allahabad
Sri Amrit Lal Aged About 70 Years vs T.T.S. Kripa Venkateshan Presently ... on 29 May, 2013
OPEN COURT
CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD
(ALLAHABAD THIS THE 29th DAY OF MAY, 2013)
Present
HONBLE MR. SHASHI PRAKASH, MEMBER (A)
HONBLE MS. JASMINE AHMED, MEMBER (J)
Civil Misc. Contempt Application No.99 of 2013
in
Transfer Application No.8 OF 1999
Sri Amrit Lal aged about 70 years, Son of Sri Durga Prasad Resident of 56, Subedarganj, Allahabad.
Applicant
V E R S U S
T.T.S. Kripa Venkateshan presently posted as General Manager Vehicle Factory, Ministry of Defence, Government of India, Jabalpur.
..Opposite Party.
Advocates for the Applicant:- Shri Abrar Ahmed
Advocate for the Respondents:-
O R D E R
(DELIVERED BY HONBLE MS. JASMINIE AHMED, MEMBER (J) Mr. Abrar Ahmed, learned counsel for the applicant. The transfer application no.8/99 was disposed of on 31.08.2000 with a direction to the respondents which reads as under:-
We, therefore, dispose of this case with direction to respondent no.2 to consider the case of the applicant for promotion and pass appropriate orders within three months from the date of communication of this order.
It is stated by the counsel for the applicant that the copy of the order was served on the respondents on 30.09.2000 and it is also his contention that the respondents have not complied with the order dated 31.8.2000 deliberately. Being aggrieved, the applicant has preferred this contempt petition against the respondents. The case is pertaining to the year 1999 and the order was of 31.08.2000. It is the contention of the applicant that a writ petition no.40545/2001 was filed before the Honble Allahabad High Court and the writ petition was dismissed on 8.9.2005, though no copy of the order of Honble High Court is annexed herewith in this contempt petition.
2. The case is pertaining to the year 1999 and the order of this Tribunal came in the year 2000. As per the contention of the applicants counsel the writ petition was dismissed in 2005 and the applicant has approached this Tribunal on 24.05.2013 which is badly barred by limitation, as section 20 of contempt of courts Act 1971 very clearly depicts the scope of initiation of contempt as quoted below:-
No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed. Hence the contempt petition is badly barred by limitation and suffers from delay and latches, accordingly dismissed.
Member-J Member-A
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