Union officials challenged contempt proceedings initiated against them before the Central Administrative Tribunal while an SLP was pending. The High Court set aside the impugned order and allowed the Tribunal to proceed with the contempt proceedings subject to the outcome of the SLP.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
OP (CAT) NO. 356 OF 2017
AGAINST THE ORDER/JUDGMENT IN OA 666/2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS:
1 A.N.NANDA, SECRETARY, DEPARTMENT OF POSTS, MINISTRY OF COMMUNICATIONS & IT, NEW DELHI - 110 001.2 ANURADHA MITRA, MEMBER(FINANCE), DEPARTMENT OF TELECOMMUNICATIONS, SANCHAR BHAVAN, NEW DELHI – 110 001.3 DILEEP PADYE,DEPUTY DIRECTOR GENERAL, POSTAL ACCOUNTS AND
FINANCE,MINISTRY OF COMMUNICATIONS & IT, NEW DELHI -
110 001.
4 SAPNA PRAMOD, W/O. V. PRAMOD KUMAR, DIRECTOR OF ACCOUNTS(POSTAL) KERALA CIRCLE, TRIVANDRUM – 69 50 01.5D. MANOJ,
THE CONTROLLER OF COMMUNICATIONS ACCOUNTS, KERALA
CIRCLE, TRIVANDRUM - 695001.
SHRI.T.V.VINU, CGC
RESPONDENT/S/PETITIONER:
VARGHESE P.MATHEW,
S/O. LATE P.M MATHEW, ASST ACCOUNTS OFFICER, O/O THE
CONTROLLER OF COMMUNICATION ACCOUNTS,KERALA CIRCLE,
TRIVANDRUM - 695 033, RESIDING AT PARIDAYIL HOUSE,
ERUMAKAD P.O, EDAYARANMULA, PATHANAMTHITTA – 689532.
ADV. SHAFIK M.A.FOR RESPONDENT
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 23.02.2024, ALONG
WITH OP (CAT).360/2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
OP (CAT) NOS. 356 AND 360 OF 2017
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
OP (CAT) NO. 360 OF 2017
AGAINST THE ORDER/JUDGMENT IN OA 667/2015 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S/RESPONDENTS:
1 A N NANDASECRETARY, DEPARTMENT OF POSTS, MINISTRY OF
COMMUNICATIONS & IT,NEW DELHI -110 001.
2 ANURADHA MITRA MEMBER (FINANCE), DEPARTMENT OF TELECOMMUNICATIONS,SANCHAR BHAVAN, NEW DELHI -110 001.3 DILEEP PADYEDEPUTY DIRECTOR GENERAL, POSTAL ACCOUNTS AND
FINANCE,MINISTRY OF COMMUNICATIONS & IT, NEW
DELHI 110 001.
4 SAPNA PRAMOD W/O.V.PRAMOD KUMAR DIRECTOR OF ACCOUNTS (POSTAL),KERALA CIRCLE, TRIVANDRUM-695 001.5 D. MANOJTHE CONTROLLER OF COMMUNICATIONS ACCOUNTS,KERALA
CIRCLE, TRIVANDRUM -695 001.
BY ADV SRI.T.V.VINU, CGC
RESPONDENT/S/PETITIONER:
C.K. RAJENDRAN
S/O LATE C.KUNJI KANNAN VAIDYAR,
SENIOR ACCOUNTS OFFICER,O/O. THE CONTROLLER OF
OP (CAT) NOS. 356 AND 360 OF 2017
3
COMMUNICATION ACCOUNTS,KERALA CIRCLE, TRIVANDRUM-
695 033,RESIDING AT TC 6/915-4, 'PRAGATHI',
PADAYANI ROAD,VATTIYOORKAVU PO, TRIVANDRUM -
695013.
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH OP (CAT).356/2017, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP (CAT) NOS. 356 AND 360 OF 2017
4
JUDGMENT
[OP (CAT) Nos.356/2017, 360/2017]
Dated this the 23rd day of February, 2024
A.MUHAMED MUSTAQUE(J)
In view of the fact that the SLP is pending and the contempt proceedings are initiated against the Officials, this Original Petition are filed by the officials of the Union of India, challenging the Contempt Proceedings.
In view of the above, we of the view that the impugned order has to be set aside and the Tribunal shall proeed further with the contempt, subject to the outcome of the SLP.
The impugned order is set aside and the Original Petitions are accordingly allowed.
Sd/-
A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN JUDGE
RK
OP (CAT) NOS. 356 AND 360 OF 2017
5
APPENDIX OF OP (CAT) 356/2017
PETITIONER ANNEXURES
ANNEXURE P1TRUE COPY OF THE ORDER DATED 31/3/2016
OF THIS HON'BLE TRIBUNAL ORIGINAL
APPLICATION NO.180/666/2015
ANNEXURE P2TRUE COPY OF THE JUDGMENT DATED
20/2/2017 OF THE HON'BLE HIGH COURT IN
OP(CAT) NO.9/2017
ANNEXURE P3TRUE COPY OF THE ORDER DATED 1/6/2017
IN MA.NO.180/480/2017 IN OA
NO.180/666/2015 OF THIS HON'BLE
TRIBUNAL
ANNEXURE R4(a)TRUE COPY OF ORDER OF THE BANGALORE
BENCH DATED 10/8/2015 IN OA 944-
975/2015
ANNEXURE R4(b)TRUE COPY OF THE COMMON JUDGMENT DATED
7/3/2017 IN WPC 7391-7425/2017
EXHIBIT P1TRUE COPY OF THE CONTEMPT PETITION
NO.180/00107/2017 DATED 17.09.2017
FILED BY THE RESPONDENT.
EXHIBIT P2TRUE COPY OF THE MA TO ACCEPT AFFIDAVIT
AND AFFIDAVIT DATED 10.11.2017 FILED IN
C.P 180/00107/2017.
EXHIBIT P3TRUE COPY OF THE NOTICE DATED
18.11.2017 ISSUED BY THE REGISTRAR,
CENTRAL ADMINISTRATIVE TRIBUNAL.
EXHIBIT P4TRUE COPY OF ORDER DATED 19.12.2017 IN
CP 180/00107/2017 IN OA 180/00666/2015
ISSUED BY THE CENTRAL ADMINISTRATIVE
TRIBUNAL.
OP (CAT) NOS. 356 AND 360 OF 2017
6
APPENDIX OF OP (CAT) 360/2017
PETITIONER ANNEXURES
EXHIBIT P1TRUE COPY OF THE CONTEMPT PETITION
NO.180/00106/2017 DATED 17.09.2017
FILED BY THE RESPONDENT.
EXHIBIT P2TRUE COPY OF THE NOTICE DATED
07.11.2017 ISSUED BY THE REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL.
EXHIBIT P3TRUE COPY OF THE MA TO ACCEPT AFFIDAVIT
AND AFFIDAVIT DATED 10.11.2017 FILED IN
C.P.180/00106/2017
EXHIBIT P4TRUE COPY OF THE ORDER DATED 19.12.2017
IN CP 180/00106/2017 IN
OA.180/00667/2015 ISSUED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL.
Annexure P1TRUE COPY OF THE ORDER DATED 31.03.2016
OF THIS HON'BLE TRIBUNAL ORIGINAL
APPLICATION NO.180/667/2015
Annexure P2TRUE COPY OF JUDGMENT DATED 20.02.2017
OF THE HON'BLE HIGH COURT IN OP(CAT)
NO.3/2017
ANNEXURE P3:TRUE COPY OF THE ORDER DATED 01.06.2017
IN M.A.NO.180/470/2017 IN
O.A.NO.180/667/2015 OF THIS HON'BLE
TRIBUNAL.
ANNEXURE R-4(A):TRUE COPY OF ORDER OF THE BANGALORE
BENCH DATED 10.08.2015 IN OA 944-
976/2015.
ANNEXURE R-4(B):TRUE COPY OF THE COMMON JUDGMENT DATED
07.03.2017 IN WP(C) 7391-7425/2017.
1 issue framed by the court
Whether contempt proceedings before the Tribunal should proceed when an SLP is pending and contempt has been initiated against the officials.
A.N.Nanda, Secretary, Department of Posts
Anuradha Mitra, Member (Finance), Department of Telecommunications
Dileep Padye, Deputy Director General, Postal Accounts and Finance
Sapna Pramod, Director of Accounts (Postal), Kerala Circle
D. Manoj, Controller of Communications Accounts, Kerala Circle
Varghese P.Mathew / C.K. Rajendran
A.Muhamed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court