The Union Of India vs Awadhesh Nath Tiwari

Heard learned senior counsel for the Union of

India assisted by Sri Rajesh Kumar Verma, learned Advocate

on Record and learned Advocate representing the private

respondent.

The Union of India has a reason to challenge the

order dated 08.05.2012 passed in O.A. No. 813 of 2005 by the

learned Central Administrative Tribunal, Patna Bench, Patna

(hereinafter referred to as the "CAT"), because, according to

the learned senior counsel representing the Union of India

despite there being a compliance of the order dated 08.05.2012

passed by CAT by passing a speaking order in terms of

Annexure-9 to the writ application, a contempt proceeding has

been initiated at the instance of the private respondent before

the Tribunal giving rise to C.C.P.A. No. 50/0061/2013 for the

alleged non-compliance with the order dated 08.05.2012. They

have challenged the order dated 22.12.2016 passed in C.C.P.A.

No. 50/0061/2013 separately which we will be dealing with

while disposing of the writ application arising out of the said

order.

In the present writ application, a limited issue has

arisen for consideration on the issue as to whether or not the

Union of India has passed an order in compliance of the order

dated 08.05.2012 in O.A. No. 813/2005. If it is the stand of the

Union of India that they have already complied with the order,

and, therefore, no contempt would lie, then we are of the

considered opinion that, at this stage, we are not required to go

into the legality and validity of the order dated 08.05.2012,

passed in O.A. No. 813/2005, nothing remains for adjudication

in this writ application, because vide Annexure-9, the Union of

India and its authorities, the petitioners, themselves claim to

have complied with the order.

The writ application is, accordingly, disposed off.