Central Administrative Tribunal - Bangalore
Shobha C vs Vineet Pandey, Secretary, Department ... on 30 June, 2023
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CP.No.170/00028/2023/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
CONTEMPT PETITION NO.170/00028/2023
IN
ORIGINAL APPLICATION NO.170/00188/2023
DATED THIS THE 30TH DAY OF JUNE, 2023
CORAM:
HON'BLE MRS. JUSTICE S. SUJATHA, MEMBER (J)
HON'BLE MR. RAKESH KUMAR GUPTA, MEMBER (A)
Shobha C
W/o Chethan H
Aged about 36 years,
Working as Assistant Superintendent of Post Offices (HQ)
(under orders of transfer)
Channapatna Division,
Channapatna 562 160 .... Petitioner
(By Shri B.S. Venkatesh Kumar, Advocate)
Vs.
1. Shri Vineet Pandey,
Secretary,
Department of Posts
Ministry of Communication and IT,
Dak Bhavan, Sansad Marg,
New Delhi 110 001
2. Shri Rajendra Kumar S,
Chief Postmaster General,
Karnataka Circle,
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CP.No.170/00028/2023/CAT/BANGALORE
Palace Road,
Bangalore 560 001
3. Shri L.K. Dash,
Postmaster General
Bengaluru Region,
O/o Chief Postmaster General,
Karnataka Circle,
Palace Road, Bangalore 560 001
4. Shri H.S. Nagashayana,
Superintendent of Post Offices,
Channapatna Division,
Channapatna 562 160 ...Respondents
(By Shri N. Amaresh, Senior Panel Counsel)
O R D E R (ORAL)
PER: JUSTICE S. SUJATHA, MEMBER (J)
This Contempt Petition is filed by the petitioner alleging breach and wilful disobedience of the order of this Tribunal passed on 01.06.2023 in OA No. 188/2023 inter alia seeking a direction to the respondents to implement the said order dated 01.06.2023 by permitting her to re-join duty in the interest of justice.
2. The order dated 01.06.2023 reads thus:
"Miscellaneous Application No. 171/2023 As no identical cause of action is found in transferring the applicants as per the transfer order dated 17.05.2023 (Annexure A-21), reserving liberty to the applicant nos. 2 and 3 3 CP.No.170/00028/2023/CAT/BANGALORE to file separate applications as requested by the learned counsel appearing for the applicants, MA No. 171/2023 is disposed of confining this OA No. 188/2023 to applicant no. 1 i.e., Smt Shobha C. Original Application No. 188/2023 Learned counsel Shri N Amaresh accepts notice for official Respondents No. 1 to 4.
Respondents No. 1 to 4 shall not precipitate the matter pursuant to the transfer order dated 17.05.2023 (Annexure A-21) in so far as the applicant and the Respondent No. 6 are concerned till the next date of hearing.
List the matter on 16.06.2023".
3. Taking shelter under this order, the petitioner cannot expand the scope of contempt jurisdiction in the guise of alleging contempt against the respondents for not complying the order dated 01.06.2023 passed in OA No. 188/2023, the applicant cannot put forth new claims. Ex facie, no wilful disobedience of the order dated 01.06.2023 passed by this Tribunal in OA No. 188/2023 is established by the petitioner.
4. We find no good ground to entertain the contempt petition.
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CP.No.170/00028/2023/CAT/BANGALORE
5. For the reasons aforesaid, the contempt petition lacks merit and accordingly stands dismissed.
6. In the result, Contempt Petition is dismissed. No order as to costs.
(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)
MEMBER (A) MEMBER (J)
/ksk/