Excelsior Correspondent
SRINAGAR, Feb 8: High Court has said the contempt proceedings in violation of its orders in service matters after coming into force the Re-Organization Act lies with the Central Administrative Tribunal (CAT).
Hearing the contempt proceedings for violation of order passed by the High Court in 2020, Justice Sanjay Dhar dismissed the same with the observations that it is not maintainable and asked the litigant to approach the Central Administrative Tribunal for enforcement of the order as envisaged in the rules.
The petitioner-Khurshid Ahmad Din had approached the court with contempt petition complaining therein violation of interim order dated 29.12.2020, whereby the officials were directed to entertain the joining report of the petitioner-Din as against the post selected in terms of order dated 16.12.2020 and complete formalities as requisitioned under law.
Justice Dhar said the question as to whether the CAT has power and authority to punish for contempt in relation to an interim order passed by the High Court in a writ petition, shall lie only and only before the Tribunal.
“The contempt 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”, Justice Dhar said.
The court while transferring the main matter to the CAT citing that it falls within the definition of ‘service matters’ as contained in Section 3(q) of the Administrative Tribunals Act, 1985 which has become applicable to the Union Territories of Jammu and Kashmir and Ladakh, after coming into force of the Jammu and Kashmir Re-organization Act, 2019 with effect from 31.10.2019 as it provides for transfer of the pending cases of such nature to the Central Administrative Tribunal upon establishment of the Tribunal.
In this regard the court has reiterated that a permanent Bench of the Central Administrative Tribunal stands established at Srinagar with its jurisdiction extending to the Kashmir province and Kargil district of Ladakh and it has started functioning at Srinagar. “Accordingly, this petition shall stand transferred to the Central Administrative Tribunal, Srinagar Bench”, Court directed.
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