R. MOHAJAN & ORS. versus SHEFALI SENGUPTA & ORS.

R. MOHAJAN & ORS. versus SHEFALI SENGUPTA & ORS.

Tribunal's order in contempt proceedings directing appellants to be present for contempt charges was unsustainable since appellants complied with earlier directions; court cannot examine seniority or promotion contrary to applicable rules/policy framed by Government; appeal is maintainable under Section 19 of the Contempt of Courts Act.

Parties
Appellant: R. Mohajan & Ors.; Respondent: Shefali Sengupta & Ors.
Jurisdiction
India
Judgment Date
30 March 2012
Procedural Posture
Civil Appeal / Appeal Against Tribunal Order in Contempt Proceedings
Outcome
Appeal allowed
Legal Topics
Promotion, Seniority, Contempt of Tribunal Orders, Maintainability of Special Leave Appeals

Case Brief

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Parties

R. Mohajan & Ors.

Appellant

Shefali Sengupta & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Tribunal Order in Contempt Proceedings

  1. 1 Whether the directions of the Central Administrative Tribunal regarding seniority and promotion were complied with by the appellants
  2. 2 Maintainability of a direct appeal to the Supreme Court against Tribunal orders in contempt proceedings

Ratio Decidendi

Tribunal's order in contempt proceedings directing appellants to be present for contempt charges was unsustainable since appellants complied with earlier directions; court cannot examine seniority or promotion contrary to applicable rules/policy framed by Government; appeal is maintainable under Section 19 of the Contempt of Courts Act.

Court Disposition

Appeal allowed

Orders

  • Impugned direction of Tribunal in order dated 11.06.2010 set aside
  • Contempt petition dismissed