Servise matter about promotion and seniority. I filed a contemt case in the year 2015 for not implement the order dated 28.04.2014 by single judge of AP High court. I filled within the 1 year. The order dated 28.04.2014 was challenged by unofficial respondents through writ appeal and iteriom order paassed on 30.06.2014 by the division bench as "promoted me without reversion of the appellants i. e. Unofficial respondents in WP". I moved the contemt case against order dated 28.04.2014, while CC case is running official respondents filled appeal against WP order dt 28.04.2014 with condone delay petition in the year 2016. Subsequently the division bench passed an order as "all further proceedings stay on contemt case and tagged the cc case along with both writ appeals filled by unofficial respondants and official respondents. " (The division bench of high court passed order without hearing of argument of my advocate in the year 2016 as I already filled caviat petition On order dt 28.04.2014. And also not observe the condone delay petition filled by Official respondents. In the above circumstances please give some good advise me. 1) The order dated 28.04.2014 given by single judge is live or not? 2) The interim order dated 30.06.2014 given by division bench is live or not? 3) is there any chance to file contemt case on iteriom order dated 30.06.2014 given by division bench ? (I already filled cc case on order dt 28.04.2014 given by single judge within the time.) 4) is there any chance to file cc case again on the reason the authority persons changed Who implement the court orders. The new person was joined in the August -2019 as Chairman and Managing Director (Authority for implement the court order and official respondents in WP). 5) is there any chance to file cc case as sencond instance that the first instant of cc case filled within the time ? 6) is any alternate method?
1) order passed by single judge has been challenged in appeal
2) division bench interim order has directed that appeal against single judge order be heard along with contempt petition
3) your contempt petition is not maintainable as order passed by single judge has not become final
4) merely because authority changed is no ground for filing fresh case
5) wait for hearing and final disposal of appeal
All court orders are valid and in force.
New person joined shall comply the court order.
If not contempt petition shall be filed against him.
Do not make the party by personal name but by designation.
No need to change the party if filed by designation name.
1. If the stay order has been passed then in that case the order of single judge can not be enforced and the contempt proceedings automatically stays.
2. If you are aggrieved by the order of the division bench then you may approach the SC against the said order.
3. Share the copy of the order and the court file for a concrete advise on the same.
Regards
1. The order stands good until the order has been set aside by the appellate court.
2. If the interim order is also maintainable if no order has been passed to vacate the interim order.
3. If there was any contempt of court on the interim order also then you may go ahead.
4. It depends on the stage of the case and if any contempt has been noticed
5. Why is that you are asking about the 2nd contempt case after such a long delay?, you may think about the proper legal action to be taken to yor present case as per the present status instead of getting into such petty issues.
In this case if the division bench if set aside the order of single bench the same will not be valid. If you want to again challenge the order for want of hearing you can go for recall or review in the said matter
order is valid, any such order is set aside by the Court of appeal or in revision.
until final orders are made.
contempt petition would not be maintainable.
Order dated 28.4.14 is not live now due to stay by division bench.
No you cannot file any contempt petition till decision of appeal.
There is no alternate method because case is already pending before High court.
