Legal Question in Civil Litigation in India
Type your question here...In an SLP 9181-9185 OF 2005 against the order of Gujarat High Court dated 17.08.04 in NR Parmar case,THE supreme court of india had passed an order on 20.03.2006 on the issue of seniority of direct recruit inspectors of income tax department. Vide that order the court had ordered to implement the judgement of gujarat high court till the final outcome of SLP. The income tax department implemented that order in the gujarat charge.
On 15.02.2007 CAT Principal Bench New delhi passed an order in case of Shi Shankar Rathore to revise the seniority list as per orders of Gujarat high court which is reiterated by supreme court in order dated 20.03.06. The income tax department first filed writ against the above order in Allahabad High court but when during the course of argument the court said to the department to implement the orders of supreme court dated 20.03.06, the income tax department withdrawn the writ and filed the affidavit that the deparment have implemented the orders of CAT Principal bench. But the department not applied the ratio decided by the gujarat high court for fixation of seniority on the entire seniority list. In july 2010 i filed application before CAT Allahabad bench, the CAT in order dated 04.08.10 ordered the department to revise the seniority list in light of judgement of gujarat high court as confirmed by supreme court in order dated 20.03.2006. The department filed MA against the above order on the fact that i had earlier filed an OA in CAT and i have not disclosed this fact before the CAT in this application. On this fact the CAT dismissed my OA vide order dated 27.08.10 and also observed that if department is not implementing the order dated 20.03.2006 of supreme court then the correct course of action is this that i may file contempt petition before the supreme court.
Advise me: do i can file contempt petition before the supreme court in view of observations made by CAT Allahabad bench in order dated 27.08.10
1 Answer from Attorneys
yes, you may file a contempt petition in SC.
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