UNION OF INDIA AND ANR . versus P.M. RANGASAMI

UNION OF INDIA AND ANR . versus P.M. RANGASAMI

The Tribunal's order was only for consideration for promotion, not for granting promotion; hence, there was no wilful disobedience, and contempt had not been committed.

Parties
Appellant: Union of India; Respondent: P.M. Rangasami; Applicant: Dr. A.K. Belwal
Jurisdiction
India
Judgment Date
15 May 2007
Procedural Posture
Criminal Appeal / Appeal Against Judgment and Order of Cat, Madras Bench
Outcome
Appeal allowed; Tribunal's order set aside.
Legal Topics
Promotion in Indian Economic Service, Reservation in Promotion, Compliance With Tribunal Directions
Service Law Contempt of Court Promotion in Indian Economic Service Reservation in Promotion Compliance With Tribunal Directions

Case Brief

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Parties

Union of India

Appellant

P.M. Rangasami

Respondent

Dr. A.K. Belwal

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Judgment and Order of Cat, Madras Bench

Legal Issues

  1. 1 Whether the Tribunal was justified in holding the appellants guilty of contempt for not promoting the respondent to HAG
  2. 2 Whether the direction of the Tribunal was for mandatory promotion or only for consideration for promotion

Ratio Decidendi

The Tribunal's order was only for consideration for promotion, not for granting promotion; hence, there was no wilful disobedience, and contempt had not been committed.

Court Disposition

Appeal allowed; Tribunal's order set aside.

Orders

  • The order passed by the Tribunal is set aside.
  • If the respondent has any grievance, it is open to him to assail the same in an appropriate proceeding.