Central Administrative Tribunal - Hyderabad
Ddp Raju vs National Projects Constructions ... on 24 October, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL : HYDERABAD BENCH AT HYDERABAD CP/021/00106/2017in OA/021/00678/2015 Date of CAV : 12.10.2018 Date of Order: 24.10.2018 Between :
DDP Raju S/o late Swamy Das, Aged about 60 years, Occ : Retd. Dy.Manager-M, IBBF Works, NPCC Ltd., and R/o House No.1-77, Kongodu Main road Gollapalem post - 533468. ....Petitioner/Applicant AND
1. Sri Sanjay Kundu, The Chairman and Managing Director, National Projects Construction Corporation Limited, Corporate Office, Plot No.67-68, Sector-25, Faridabad, Haryana-121 004.
2. The Manager (Finance) (Not necessary party), National Projects Construction Corporation Limited, NER (IBBW) Zonal Office, Silchar, H/No-II, Sonai Road, Apanjan Pally, Silchar-788 006.
3. Sri K.V.Raju, The Project Manager, National Projects Construction Corporation Limited, NTPC Simhadri Unit, D.No.11-130, Above Canara Bank, Chattivanipatnam, Gajuwaka, Visakhapatnam-530 026. ...Contemnors / Respondents
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Counsel for the Applicant: Mr. K. Sudhaker Reddy Counsel for the Respondents : Mr.V.R.Avula,CGSC
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CORAM :
THE HON'BLE MR.B.V.SUDHAKAR, ADMINISTRATIVE MEMBER THE HON'BLE MR.SWARUP KUMAR MISHRA, JUDICIAL MEMBER (Order per Hon'ble Mr.Swarup Kumar Mishra, Judicial Member)
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(Order per Hon'ble Mr.Swarup Kumar Mishra, Judicial Member)
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This Contempt Petition is filed aggrieved by the non-implementation of the order passed in OA No.678/2015, dated 05.05.2017, and with a prayer to order for the personal appearance of the respondents herein and punish them for intentionally not implementing the orders in O.A.No.678/2015.
2. Learned counsel for the contempt petitioner contends that the order dated 05.05.2017 was brought to the notice of the Respondents through representation in the months of June and August, 2017 but still the order has not been implemented and that the respondents have wilfully and deliberately flouted the orders of this Tribunal by not releasing the withheld amounts along with the interest at the rate of applicable GPF deposits from the due date till the date of payment.
3. Respondents have filed reply statement stating that WP No.39078/2017 was filed assailing the order passed in the Original Application and the order dated 05.05.2017 in OA No.678/2015 is merged with the orders of the Hon'ble High Court dated 04.01.2018 in WP No.39078 of 2017. Therefore the respondent corporation has paid the withheld amount of Rs.3,40,642/- by 21.3.2018 through demand draft bearing No.763870 ie within eight weeks from 02.02.2018 ie the receipt of the order of Hon'ble High Court in WP No.39078 of 2017, dated 04.01.2018. Therefore the respondents have neither disobeyed nor flouted the orders of 2 the Tribunal in the Original Application. It is further stated that the respondent corporation had added Rs.13,192/- towards interest from 16.09.2017 to 20.03.2018 in view of the fact that, the order dated 05.05.2017 passed in the OA was received by the respondent corporation on 16.09.2017, directed to release the with held amount within a period of three months from the date of receipt of the order. Therefore, said interest is calculated and paid from 16.9.2017 to 20.3.2018 in honour of the order passed in the OA. In view of these submissions, Respondents pray for dismissal of the Contempt Petition.
4. We have heard Mr. K. Sudhaker Reddy, learned counsel for the applicant and Mr. V. R. Avula, learned Standing Counsel for Respondents.
5. The Hon'ble High Court while dismissing the WP No.39078/2017, dated 04.01.2018, produced by the Respondents in the OA has observed and directed as under :
"12. Any order for recovery or withholding of amount, is apparently an order visiting a person with civil consequences. Therefore, it cannot be passed without any notice and opportunity of hearing to the affected party. Hence, we find nothing wrong in the order of the Tribunal. Therefore, the writ petition is dismissed. However, the petitioners are granted eight weeks time, from the date of receipt of a copy of this order, to make payment of the amount as ordered y the Tribunal."
6. Therefore this Tribunal finds that the Hon'ble High Court had granted further eight weeks time to the Respondents in the OA to make the payments as ordered by this Tribunal from the date of receipt of a copy of this order. Therefore the stand taken by the applicant that he is entitled for 3 interest from 05.05.2017 ie the date of the order of this Tribunal in OA No.678/2015 cannot be accepted. Accordingly this Tribunal finds that the Respondents have fully complied with the order passed by the Tribunal and the contention of the applicant is liable to be dismissed.
7. Accordingly the Contempt Petition is dismissed. No order as to costs.
(SWARUP KUMAR MISHRA) (B.V.SUDHAKAR)
JUDICIAL MEMBER ADMINISTRATIVE MEMBER
Dated : 24th October, 2018.
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