LAWS(MEGH)-2022-5-42

UNION OF INDIA Vs. UMA SHANKAR SHUKLA

Decided On May 12, 2022
UNION OF INDIA Appellant
V/S
UMA SHANKAR SHUKLA Respondents

JUDGEMENT

(1.) The Union questions the propriety of an order dated September 27, 2016 passed by the Central Administrative Tribunal, Guwahati on the respondent's petition before the Tribunal. There is an ancillary challenge to a subsequent order of the Tribunal dated February 4, 2020 passed on a review petition filed by the Union. It appears that the present proceedings have been prompted by contempt notices or contempt applications filed before the Tribunal.

(2.) It is not necessary to go into the merits of the matter in any great detail, in view of the order proposed to be made. It may only be noticed that the present challenge to the order dated September 27, 2016 could not have been made, particularly since the Union had acted on the basis of the order dated September 27, 2016 and had considered the case of the respondent and informed the respondent of such consideration by a letter dated February 16, 2018, issued long before the institution of the present petition.

(3.) It is elementary that once an order is acted upon, it will not be open to the party acting in accordance therewith to question the propriety of the order. The fact that contempt notices or applications may have been issued or filed would make no difference.