Sir, I have approached Tribunal regarding promotion to the post of Librarian as the Head of the Department has not replied for my application from another Government Department. Later rules changes and promotion restricted to the parent department only ( i belong to another department). Tribunal directed the authorities to consider my application as I applied prior to modification of rules within 2 months. Now the Department has refused to consider the tribunal orders, citing the reason that Presidential restricts State level employees to promote to the local / zonal posts. The fact is the Department is promoting their HoD office Staff (state level) to the zonal posts by promotion and also one person of HoD (State level) to the Librarian even Presidential order restricts. In this situation how can I proceed? 1) Directly file a contempt application before tribunal stating the factual position, or 2) first apply to the HoD stating the factual position and request to implement tribunal orders and if refused, file a contempt.
you should in your representation to the department draw attention of department to fact that HoD office Staff (state level) have been promoted to the zonal posts
2) mention names of persons who have been so promoted .
3) if no reply is received to your representation then you have to again move Tribunal and raise grievance that only you are being discriminated against while other employees are permitted promotion .
Send them legal notice with the order of the tribunal to the HOD.. if the concerned department doesnot take neccessary action move contempt to the jurisdicted tribunal.
File contempt application before the Tribunal directly by mentioning facts
Dear Sir,
first send a proper legal notice to the department and if they are not responding then only you file contempt application.
Regards
Sapna Seth
Is there any time gap for filing contempt. Tribunal ordered on 29.1.2016 to consider within 2 months. Department answered on 25.6.2016. Can I wait or file or it is lapsed.
YES YOU CAN FILE IT...beacuse they answered late not you..
Regards
Sapna Seth
you can file for contempt now . it is not barred by law of limitation
2) it is better to make representation wait for reply then move Tribunal for necessary reliefs
Basically contempt has to be filled immediately if there is any infringment of order.. in your case if u send the notice with order it will be very much necessary if u can go through proper channel for execution of order. If you insist i wish to c the copy of order
The tribunal has passed an order dated 29.01.2016 in favour of you and gave directions to the authority for considering your candidature for the post of librarian within 2 months time and you have made your application prior to the modification of rules.
The department has no locus not to follow the tribunal orders .
even if there is modification of rules and it cannot affect your case as you have applied for the post before the modification of rules.
The only point which has to be stressed is that in the modified rules is retrospective effect/ affect to prior applications for promotions is specifically mentioned or not.
2. You can file an RTI seeking information from the department regarding the promotion of the staff and librarian.If there is malpractice adopted by the department.
3. File a contempt petition in Hon'ble High court that the department is not following the orders of the tribunal.
4. You should file the contempt immediately as the prescribed time as defined under the act is one year.
You can proceed as stated by you in your leading answer no 2.
In this situation how can I proceed?
1) Directly file a contempt application before tribunal stating the factual position, or
Did the department give in writing that they will not accept the Tribunal's orders in this regard, then you can file a contempt of court case agaisnt the department for this disobedience.
2) first apply to the HoD stating the factual position and request to implement tribunal orders and if refused, file a contempt.
You can issue a legal notice to the Dept HOD enclosing a copy of the order and advising him to implement the order. On its failure to comply with the orders, yo may take up the issue with a petition for contempt of court.
Is there any time gap for filing contempt. Tribunal ordered on 29.1.2016 to consider within 2 months. Department answered on 25.6.2016. Can I wait or file or it is lapsed.
You can initiate the action immediately since the department has already file their reply.
Dont wait for anymore time in this regard.