Srinagar- The High Court of J&K and Ladakh has said that the contempt proceedings regarding orders passed by it in the petitions which were subsequently transferred to the Central Administrative Tribunal shall be dealt with by CAT only.
A bench of Justice Sanjay Dhar made the observations while dealing with a petition the subject matter of which according to the court fell within the definition of ‘service matters’ as contained in Section 3(q) of the Administrative Tribunals Act, 1985 which become applicable to the Union Territories of Jammu and Kashmir and Ladakh after coming into force of the J&K Re-organization Act, 2019 from 31 October 2019.
Section 29 of the Act provided for transfer of all the pending service matter related cases to the CAT upon its establishment.
Through the medium of petition, the petitioner complained about violation of interim order dated 29 December 2020 whereby authorities were directed to entertain his joining report against a particular post.
“A Coordinate Bench of this Court…..held that contempt proceedings in relation to orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act,” the court said.
Consequently the court held the contempt petition filed before it as not maintainable.
“The same is, accordingly, dismissed with liberty to the petitioners to approach the Central Administrative Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (CAT) Rules, 1992,” the court added.
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