Mohinder Singh v. Hitesh Kumar Makwana & ANR

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 27/2017 & CM APPLs. 1613-1614/2017 MOHINDER SINGH ..... Petitioner Through: Mr. O.P. Gehlaut, Advocate.

versus HITESH KUMAR MAKWANA & ANR ..... Respondents Through: Mr. Animesh Rastogi, Advocate with Ms. Neha Rastogi, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 16.01.2017 Present contempt petition has been filed alleging wilful disobedience of the order dated 14th March, 2016 passed in W.P.(C) 5196/2015 wherein the writ petition challenging the order dated 13th December, 2013 passed in O.A. No.1692/2011 was dismissed.

Vide order dated 13th December, 2013 passed in O.A. No.1692/2011 it was held that the date of appointment of petitioner to the entry grade of DANICS be considered as 2001 and all other consequential benefits arising from the above be extended to the petitioner as per the rules within a period of three months. The writ petition filed by Union of India was dismissed by this Court.

Learned counsel for petitioner states that respondents have not granted benefits in pursuance to the aforesaid orders till date. In the opinion of this Court as respondent's writ petition was dismissed by the High Court, petitioner primarily seeks implementation of the order passed by the Central Administrative Tribunal. Since the Central Administrative Tribunal has the power to punish for contempt under Section 17 of the Administrative Tribunal Act, 1985, present contempt petition and applications are dismissed with liberty to the petitioner to file the said proceedings. In the event, the contempt petition is filed within four weeks from today, the same shall not be dismissed on the ground of limitation.

MANMOHAN, J JANUARY 16, 2017 js