UNION OF INDIA Vs. RAJU JANA

JUDGEMENT

(1.) All the aforesaid writ-petitions are taken up together for disposal to avoid prolixity of repetition as a common order being challenged in all the writpetitions.

(2.) Beleaguered with the provisions of the Contempt of Courts Act, 1971 and the Contempt of Courts (CAT) Rules, 1992, the Union of India, the applications under Article 226 of the Constitution of India challenging a portion of the order dtd. 27/9/2022 passed by the Central Administrative Tribunal, Kolkata Branch in CP/182/2016 arising out of OA 2023 of 2015 when admittedly the Union of India is not a party in the contempt proceedings, are filed A preliminary objection was raised by the respondents' Counsel, firstly, that the impugned order challenged in the writ-petition is amenable to be challenged by way of an appeal before the Supreme Court of India under Sec. 14 of the Contempt of Courts Act, 1971 and secondly, the said order was passed against the alleged contemnor and, therefore, the Union of India cannot be said to be an aggrieved party by any stretch of imagination.

(3.) When this point was taken by the respondents, the learned Advocate appearing for the Union of India wanted to work on the aforesaid point having taken as a point of demur and the matter was directed to be listed today.