Court had upheld the order. Contempt application is filed on 30.6.2008, justifiably alleging that there was ex facie contempt, as no steps were being taken ... status of the post is eroded. According to him, therefore, the contempt continues, as there is discernable an attitude of defiance. The duties assigned
Court had upheld the order. Contempt application is filed on 30.6.2008, justifiably alleging that there was ex facie contempt, as no steps were being taken ... status of the post is eroded. According to him, therefore, the contempt continues, as there is discernable an attitude of defiance. The duties assigned
instructions of DoPT cannot over-ride judicial
pronouncements and hence, contempt continues.
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C.P. No.278/2023
Item ... acutely conscious of the limits of our jurisdiction
in a contempt proceeding. To attract the
provisions of Contempt of Court Act , an element
court has to
be vigilant. Stale claims of contempt, camouflaged as a "continuing
wrong/breach/offence" ought not to be entertained, having regard ... brought before the court
on the specious ground that the contempt has been continuing, no party should
be encouraged to wait indefinitely to choose
ORDER
Hon'ble Mr. Manish Garg, Member (J) :
In the instant Contempt Petition
Petitions, the petitioners are
seeking
king compliance of the order dated ... legal obligation to continue payment of Grade
Pay 4200/-
₹4200/ to the petitioners. Despite this, the
respondents not only failed to continue the payment
intentionally, wilfully
committed contempt of the order(s) of the Ld. Tribunal dated
10.11.2008 and 18.11.2011.
11. That the respondents committed contempt by not reinstating ... qualifying service despite order(s) of the Ld. Tribunal and continue
to commit contempt by deliberating continuing to flout the order
considered
view that no purpose would be served by continuing the
contempt proceedings, the MCD should finalize the seniority
6
list within a maximum period
filing this undertaking by the petitioners there appears no justification to continue this contempt petition.
7. For the reasons, as mentioned above, the contempt proceedings
petitioner has wrongly arrayed the
present respondent as a party in the Contempt Petition, as
the matter pertains to DoT/BSNL ... absence of any enforceable direction against the
present respondent, continuation of contempt proceedings
against such respondent would not be legally sustainable.
The Contempt Petition, therefore
have, therefore, concluded that there is no reason
to continue the Contempt Petition. Accordingly, the
Contempt Petition stands closed. Notices are discharged.
4. The applicant
