RBE No. 32/1991: Contempt of Court

No.E(D&A)89 RC6-77, dated 14.02.1991

Sub: Contempt Petition No.49/1989 – BabuRam v. UOI.

Ref:  Your letter No.E.308/CC/DHN/BR/SLP, dated 08.11.1990.

1.     In the above mentioned case, the orders of CAT/Calcutta dated 12.05.1989 to the effect that the fresh departmental disciplinary proceeding from the stage of defect in the initial disciplinary proceedings pointed out by the CAT should be concluded within 90 days was not fulfilled because an SLP was filed before the Supreme Court challenging the orders of the CAT. The disciplinary proceedings were preceded with only after Supreme Court dismissed the SLP on 27.11.1989. The CAT in its judgment dated 21.08.1990 in the Contempt Petition No.49 of 1989 filed by the employee has not accepted the plea of the Railway that the period of 90 days should be counted from the date of judgment of the Supreme Court i.e. 27.11.1989.

2.     It is desired that in cases of the about type, the Railway should make it a point to file an application before the CAT well before the deadline given by them for compliance of their decision and crave the indulgence of the CAT for suitable extension of the time for implementation of the initial orders. At the same time, the Railway should pursue with vigour about the SLP/ Stay Petition filed with the Supreme Court and try to obtain the Supreme Court’s decision thereon well before the time limit specified by the CAT for implementation of their decision. If such steps are taken, the embarrassment as caused in this individual case could be avoided.

Download Railway Board Circular RBE No.32/1991

Forward reference ⇒ RBE No.