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Supreme Court - Daily Orders

Union Of India vs Cat Patna . on 1 September, 2014

Bench: M.Y. Eqbal, Pinaki Chandra Ghose

     ITEM NO.26                             COURT NO.13                SECTION XVI

                                 S U P R E M E C O U R T O F      I N D I A
                                         RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                 No(s).   14573/2011

     (Arising out of impugned final judgment and order dated 22/12/2010
     in CWJC No. 924/2010 passed by the High Court Of Patna)

     UNION OF INDIA                                                    Petitioner(s)

                                                   VERSUS

     CAT PATNA & ORS.                                                  Respondent(s)

     (with interim relief and office report)

     Date : 01/09/2014 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE M.Y. EQBAL
                               HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE

     For Petitioner(s)
                                      Mr. Ranjit Kumar, SG
                                      Ms. Indra Sawhney, Adv.
                                      Ms. Binu Tamta, Adv.
                                      Mrs. Sushma Suri, Adv.
                                      Mr. Shreekant N. Terdal,Adv. (Not present)
     For Respondent(s)
                                      Ms. Prerna Singh, Adv.
                                      For Mr. Gopal Singh,Adv.

                                      Mr. Smarhar Singh, Adv.
                                      Mr. T. Mahipal,Adv.


                            UPON hearing the counsel the Court made the following
                                               O R D E R

Leave granted.

The appeal is disposed of in terms of the signed order.

Signature Not Verified

(Sukhbir Paul Kaur) (Sneh Lata Sharma) Digitally signed by Court Master Court Master Sukhbir Paul Kaur Date: 2014.09.05 16:56:38 IST (Signed order is placed on the file) Reason: IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8443 OF 2014 (Arising out of S.L.P.(C) No.14573 of 2011) UNION OF INDIA Appellant(s) Versus CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA AND Respondent(s) OTHERS O R D E R Leave granted.

This appeal by special leave is directed against the judgment and order dated 22.12.2010 passed by the High Court of Judicature at Patna in CWJC No. 924 of 2010, whereby the High Court dismissed the said writ petition moved by the appellant herein by holding that there has been a willful disobedience of the order dated 25.08.2009 passed by the Central Administrative Tribunal and then holding the Secretary, Ministry of Home Affairs as guilty of contempt.

Learned Solicitor General representing the Union of India and learned counsel appearing for the private respondent, jointly submitted that the order passed in contempt matter does not survive.

...2/-

-2-

In view of the above, this appeal is disposed of. The impugned order of the High Court as also Order dated 25.8.2009 passed by the Central Administrative Tribunal in CCPA No. 2 of 2009 in O.A. No. 279 of 2001 are set aside and the contempt petition filed by the Private respondent is dismissed.

........................J. (M.Y. EQBAL) ........................J. (PINAKI CHANDRA GHOSE) New Delhi, September 01, 2014.