D.R.M. (P), Eastern Railway vs Mithilesh Devi and Others

The order impugned is dated 28 April 2000. The contention of learned Counsel appearing for the Central Government is that in consequence of the order contempt proceedings have been taken out against the Respondents including the Union of India. It is further contended that the jurisdiction of the Central Administrative Tribunal, Patna Bench, had been utilized wrongly and the order which is sought to be challenged is an expert order. In the circumstances, the prayer is that this order needs to be stayed in the interest of justice so that the contempt proceedings are not taken to its logical conclusion.

On facts it is submitted that the persons, who invoked the jurisdiction of CAT, Patna, did not do so bona fide as at every given time the jurisdiction was of South Eastern Railway, Nagpur but not of Eastern Railway, Danapur.

The Court is not inclined to interfere in merits of the matter and thus is not going to express anything on merits. The Central Administrative Tribunal, as its structure, is a court of record and thus does have the jurisdiction to issue notice on contempt. But if the contention on behalf of the Union of India is as is being conveyed to the court, then the appropriate procedure would be to have the expert order re-considered by filing a review application.

Consigned.

Dismissed.