Follow contempt. NO stay from HC, CAT order is effective and not complying the order is continuous contempt. You proceed with contempt.
I moved OA in.r.o regarding eligibility list of DPC 2019 ( ineligible persons was included in the list and even placed above me )and Hon ble CAT delivered judgment in my favor OA was allowed removing ineligible persons for DPC 2019 in MARCH 2019. Even after 5 MONTHS DPC was not conducted I MOVED A CONTEMPT in CAT. When notice was issued official side and pvt respondents moved to HC with WRIT Petitions. when Contempt hearing started official side presented that they moved HC with Upon this CAT stopped the contempt proceedings. However HC refused to STAY the judgement of CAT and on the 3RD DAY of hearing HC in their D.O dated 10/12/2019 stated " we heard the counsels of both sides in length . we dont find any merit to pass any interim order. rather we will keep it for final disposal on 17/12/2019."after 17/12/2019 the case was listed on many occasions but the case was not reaching before the rising of the bench and due to covid-19 now coust is listing only urgent matters . how do i get cat orders implemented and DPC 2019 conducted.
Follow contempt. NO stay from HC, CAT order is effective and not complying the order is continuous contempt. You proceed with contempt.
Since am a respondent am not able to move HC for speedy hearing . Petitioners both official and PVT is keeping silent since they have a feel of loosing and am getting affected of not getting promotion from 2019 onwards though judgement of CAT IS IN MY FAVOUR .DO I need to move supreme court for any relief.
What is the need to proceed in HC. you have order in your favor. Follow contempt before CAT. No role of SC.
On account t of lock down only urgent cases are being heard
wait for case to be listed
since case is for final hearing there is no urgency on your case
CAT In Bangalore is not entertaining CONTEMPT even if there is no STAY . If WP is filed in HC they stopp the contempt proceedings
Challenged the hold order in HC. No provision in law to hold contempt if appeal filed unless stay granted in appeal.
You need to first move to HC as a matter of practice under writ. Later you can go for SLP if aggrieved in HC
Since the matter is pending at high court, the CAT may not proceed on the contempt petition also.
Moreover as the matter stand disposed by the CAT, even the CAT may not take up this case again since it is not an urgent matter to be disposed.
Your bad luck is that you may have to wait until the matter is disposed by high court because you have not approached high court for relief.
However if the department concerned is initiating any further action against your interests, you can file an emergent petition before high court seeking stay of the same owing to the pendency of the related case before high court.
As the matter is pending before high court in an appeal you cannot move supreme court on it.
The situation is a national crisis, hence the courts across the length and breadth of the country are under the same pressure, moreover the status is same for all, nobody can claim to be affected , because no one is benefited by the situation now.
Therefore it is unavoidable situation so please wait until the courts return to normalcy.
CAT will not entertain contempt petition since the aggrieved party has approached high court with a appeal.
The stay is an interim relief, however since there is a pending appeal before high court on the matter, the question of contempt do not arise.
Since the interim prayer for Stay has been specifically rejected by the court there is no impediment for CAT to proceed with the contempt proceeding.
However in most cases if the matter is ripe for hearing beofre the high court the Tribunal is slow to proceed with the contempt in which eventually i regret your option is to mention the matter in high court for urgent listing for hearing.
Ask your advocate to become more proactive.
- Since, the High Court refused to stay the judgement of CAT , which was in your favour , hence further not implementation by the opposite party is also against the High court order /direction as well , and it also amounts to contempt as well.
- However, as the the said matter is before the High court for final disposal , hence you cannot file your contempt petition here .
- Further , as the High court has refused to stay the judgement , it means there is no direction to stop the proceeding of contempt pending before the CAT .
- You should move an application for urgent hearing before the CAT after enclosing the certified copy of the High Court order , to heard the contempt petition .
- If CAT refused to heard the contempt petition on urgent bases after rejecting your said application , then you can also approach the High Court separately for the same.
Due to Pandemic and Lock Down the courts are not functioning fully, but only urgent matters viz., Bails / Injunctions are being heard through video conferencing.
As your case is posted for "Final Disposal", there is no urgency in your case, as such, it could be taken up once the courts start functioning with fully capacity.
You need to wait till then.
Response to your second post:
As stated above, since there is no urgency in your matter, you need to wait till courts start functioning fully.
No, Supreme Court will not entertain application for speedy hearing, more particularly due to Lock Down and directions to take up only urgent matters.
When the matter is sub judice before appropriate tribunal, you need to wait for out come of the High Court.
If you win before both the fora, you will get benefit with arrears, as such, you need not worry.
The HC hasn't granted any stay in the matter but as it is still pending you may file an urgency application as has become the norm in courts due to the current situation and ask the court to decide the matter.
Yes the petitioners will not want that the matter should be disposed. You should move an application.
If there is no stay the orders of CAT should be implemented but the CAT does not proceed till the case in the HC is pending.
You have to wait for the lockdown to be withdrawn completely and regular functioning of the High Court to resume so that the Writ Petition may be heard. Presently only urgent cases are being heard and this will not be treated as an urgent case.
1. There is no remedy presently before the SC as SC is also hearing urgent cases only.
2. Get the case listed in the HC once the regular functioning resumes.