VIJAY KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is before this Court aggrieved by the willful and deliberate inaction on the part of the respondents in not re- considering the disciplinary proceedings in compliance with the directions issued by the Central Administrative Tribunal (for short, 'Tribunal') in its order dtd. 24/8/2023 in O.A.No.170/00221/2021.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(3.) Learned counsel for the petitioner submits that despite the clear time bound directions of the Tribunal to adjudicate the matter afresh in light of the observations made therein, the respondents have failed to take any action, thereby violating the Tribunal's order and denying the petitioner his lawful entitlements, including consequential service benefits. It is also submitted that the petitioner had initiated contempt proceedings before the Tribunal in CAT C.P.No.33/2024 in O.A.No.221/2021, owing to the non-implementation of the Tribunal's order dtd. 24/8/2023. It is submitted that despite multiple opportunities granted by the Tribunal, the respondents have failed to implement the directions of the Tribunal, in support of his contention he has placed on record the order sheet in contempt petition reflecting several adjournments, which were sought by the respondents, thereby causing undue delay and prejudicially affecting the petitioner's right. It is submitted by the learned counsel appearing for the petitioner that due to the willful inaction of the respondents, the petitioner has been illegally deprived of his rightful promotion, and in the meantime, employees junior to the petitioner have been promoted.