(1.) This writ petition is filed, both under Article 226 and Article 227 of the Constitution of India, against the order passed by the Central Administrative Tribunal, Dehradun (the "Tribunal" in short) in Contempt Petition No.331/00125 of 2017 in O.A. No.331/39/2015 dated 28.09.2018.
(2.) The petitioner herein invoked the jurisdiction of the Tribunal contending that the respondents had disobeyed the order passed in O.A. No.331/39/2015 dated 05.05.2016. The petitioner had earlier filed O.A. No.331/39/2015, under Section 19 of the Administrative Tribunals Act, 1985, before the Tribunal which, in its order dated 05.05.2016, observed that a mere change of qualification of a post, subsequent to the date of joining of the applicant therein, could not be a ground for cancelling his promotion by merely following the advice of the DoPT and the DST; there was no order of retrospective amendment in the service rules; it was for the appellate authority of the Indian Council of Forestry Research & Education (hearinafter referred to as the 'ICFRE') to apply its mind to such cases where the qualifications had been changed, so that the accrued right of previously recruited persons is protected, and they are not adversely affected; and further the applicant was correct in alleging that he had not received an opportunity for hearing on his request for his in-situ up-gradation as Scientist F.
(3.) Thereafter, the Tribunal observed:-