DEO NANDAN PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant application has been filed by the petitioner challenging the order dated 26.6.2008 passed by Central Administrative Tribunal Patna, Ranchi Bench in CCPA No.9/2008, whereby the Tribunal refused to issue show cause notice to the respondents for non -compliance of judgment and order passed by the Tribunal.

(2.) IT appears that the petitioner filed a contempt petition for initiation of contempt proceeding against the respondents for alleged disobedience of the order passed by the Tribunal dated 21.9.2007 in OA No.132/2005.

(3.) SECTION 2(b) of the Contempt of Court Act,1971 defines "civil contempt  which means willful disobedience to any judgment, decree, direction, order, writ or other process of court or willful breach of an undertaking given to a court. It is, therefore, clear that even if there is willful and deliberate flouting of the order of the Tribunal, ex -facie a case of contempt is made out and the Tribunal may exercise its power under Section 17 of the Administrative Tribunal Act in appropriate cases. In our view, therefore, at least the Tribunal ought to have issued notice to the respondents to show cause as to whether they have deliberately flouting the order of the Tribunal. Even if there is no specific direction in the judgment and order, contempt proceeding can be initiated.