Dinesh Kumar Shukla v. Sri Chandra Veer Raman, General Manager North Eastern Railway Gorakhpur and Others

Court No. - 4 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4393 of 2023 Applicant :- Dinesh Kumar Shukla Opposite Party :- Sri Chandra Veer Raman, General Manager North Eastern Railway Gorakhpur And Others Counsel for Applicant :- Saroj Kumar Verma,Praveen Kumar Hon'ble Rajesh Singh Chauhan,J.

¶1Heard learned counsel for the petitioner.

¶2Learned counsel for the petitioner has stated that the O.A. of the petitioner bearing O.A. No.321/2004 has been allowed by the Central Administrative Tribunal, Lucknow vide judgment and order dated 20.01.2004. Assailing the aforesaid order the Union of India has filed a writ petition bearing Service Bench No.1363 of 2005 (Union of India vs. Dinesh Kumar Shukla) before the Division Bench of this Court which has been dismissed on 15.12.2009. Assailing the order dated 15.12.2009 passed by the Division Bench the Union of India went in appeal before the Apex Court bearing Special Leave to Appeal No.34062 of 2010 which has been dismissed on 18.10.2022, therefore, learned counsel for the petitioner has stated that the order of the Central Administrative Tribunal has attained finality up to the Apex Court. Despite the aforesaid order of the C.A.T., Lucknow having been finalized the authorities are not making compliance of the order in its letter and spirit.

¶3On being confronted the learned counsel for the petitioner as to why he has not filed contempt petition before the C.A.T., he has stated that since the Union of India has approached this Court by filing a writ petition which has been dismissed, therefore, the petitioner has filed contempt petition before this Court.

¶4Having considered the argument of learned counsel for the petitioner and having regard to the aforesaid orders being passed by this Court and the Apex Court, I am of the considered view that when there is statutory provision to file contempt petition/ Execution before the C.A.T., the petitioner should file contempt petition/ Execution before the C.A.T. for execution of the order of the C.A.T.

¶5Therefore, the present contempt petition is disposed of finally at the admission stage giving liberty to the petitioner to approach the Central Administrative Tribunal, Lucknow by filing contempt petition/Execution for seeking execution of the order of the C.A.T. dated 20.01.2004 (supra) inasmuch as the same has attained finality up to the Apex Court. [Rajesh Singh Chauhan,J.] Order Date :- 13.12.2023 RBS/- High Court of Judicature at Allahabad, Lucknow Bench