1 st time in the history of CAT, bailable warrants
\nissued & personal bonds of Rs. 50000\/- executed against government
\nauthorities in a service matter
\nIt has happened rarely in the history of CAT (Central Administrative
\nTribunal) that central government authorities are issued bailable warrant. CAT
\nAhmedabad had also directed to execute personal bond of Rs. 50000\/- (fifty
\nthousand). The bench had ordered four officers (respondents) to remain present
\nbefore it on December 5. The case is related to the promotion of one Kalidas
\nJadhav who was working as Programme Executive of Doordarshan in Ahmedabad
\nat the relevant time. Jadhav, however, passed away during pendency of the
\nproceeding and his wife Ganga is fighting on his behalf. Mr Jadav was denied
\npromotion by the authorities on the ground of a pending case of disproportionate
\nassets. Seeking promotion with retrospective effect, Jadhav had moved a petition
\nbefore CAT in 2014, and acting on that petition, the tribunal had in 2015 ordered
\nthe Prasar Bharati authorities to take appropriate decision on Jadhav\u2019s case of
\npromotion within one month. \u201cThe said order of the CAT was challenged by
\nauthorities before Gujarat High Court. That petition was dismissed by the HC.
\nHowever, even after that, the CAT\u2019s order has not been implemented so contempt
\npetition no. 13\/2016 in OA 444\/2014 was filed against the responsible officers.
\nAnd the Tribunal had ordered the officers of Prasar Bharati to appear before it on
\nOctober 29,\u201d However, three officers did not remain present before the Tribunal on
\n29\/10\/2018 so it had issued bailable warrants against them. The respondents
\ndeliberately disobeyed the order. \u201cThe respondents were also directed to appear
\nphysically but it appears that either they are not serious or are of the view that
\nnothing adverse could be done against them by the Authority like the Tribunal,\u201d
\nreads the CAT order dated 29\/10\/2018. In its order, the tribunal had ordered the
\nthree officers Aparna Vaish, A K Gupta and A S Satpathi – or their successors in
\noffice, if they have been succeeded, to physically appear before the Tribunal on
\n05\/12\/2018.
\nHowever on 05\/12\/2018, DG Doordarshan didn\u2019t remain present. Annoyed
\nwith this CAT ordered to appear DG Doordarshan Mrs Supriya Sahu to physically
\nappear before the court on 07.01.2019 and rest of the respondents to execute
\npersonal bond of Rs. 50000\/-. The matter is listed on 07.01.2019 at Sr No. 15 of
\ncauselist of CAT Ahmedabad. Standing counsel on record is Ms F. D. Patel
\nhowever Gujarat High Court advocate Mr Nirzar Desai is arguing case on behalf of
\nrespondent authorities. On 05\/12\/2018, DDG(Deputy Director General(Admn) Mr
\nRajiv Sinha had submitted before Court that cadre controlling authority in respect
\nof Late Shri K H Jadav is DG AIR (Akashvani) and not DG DD (Doordarshan).<\/p>\n
2<\/p>\n
Therefore DG AIR should be the respondent party and not DG DD. Though CAT
\nhas ordered DG DD to appear, advocate Mr Nirzar Desai had desired Prasar
\nBharati authorities to ask DG AIR Mr F. Sheheryar to remain present before court
\non 07.01.2019. He had said to the extent that he would not appear if DG AIR does
\nnot remain present, as learnt. Therefore it will be again a history that two DGs of
\nAIR & DD may appear together before CAT Ahmedabad on 07.01.2019. Contact
\nnumbers of government counsel Mr Nirzar Desai are : Landline: 07927495861,
\nMob: 09825024354. Contact no. of advocate of petitioner Mr M. S. Trivedi are :
\nMob-09879174548, landline: 07926404454 Important portions of CAT orders are
\nunderlined as under:
\nCAT Ahmedabad Bench order dated 05\/12\/2018 in CP 13\/2016 of Late Shri K.
\nH. Jadav retd employee of Doordarshan reads as under:
\n\u201cPresent :\u00a0 Shri M.S.Trivedi counsel for applicant.
\nShri Nirzar Desai alongwith Ms.F.D.Patel, counsel for respondents.
\nOn last date, a comprehensive order was passed, process for physical appearing
\nof respondents was issued and pursuant to said Order respondents, namely,
\nRespondent No.2 (Shri A.K.Gupta, Executive Engineer, Sr. Vigilance Officer,
\nD.G.Doordarshan), Respondent No.3 (Shri W.K. Saxena, who is successor of Shri
\nA.S.Satpathi, Sr.A.O., P.A.O., IRLA), Respondent No.4 (Shri S.A.Vora,
\nAdministrative Officer) and\u00a0Mrs.Arpana Vaish\u00a0are present. Mrs.Arpana Vaish
\nsubmitted that she has superannuated from the post of D.G. Prasar Bharti India's
\nPublic Service Broadcaster, D.G.Doordarshan. Present incumbent of that post,
\nwhich Mrs. Arpana Vaish was holding, prior to her superannuation, has not
\nappeared.
\nLearned counsel, Shri Nirzar Desai, who appears today for the respondents at
\nthe threshold expressed sorry for the inconvenience caused by the conduct of the
\nrespondents and urged that Department now is taking the matter seriously and that
\nall justifiable grievances of the applicant would be sorted out and that Affidavit to
\nthis effect would be\u00a0filed on next date fixed. He also assures that Respondent No.1
\n(D.G.Doordarshan) shall also remain present physically on next date fixed. On his
\nrequest, matter is adjourned to 07.1.2019. However, Respondents who are
\nphysically present today are directed to execute personal bond of Rs.50,000\/- (Fifty
\nthousands only) for their appearance on next date fixed.\u201d
\n( M. C. VERMA)
\nMEMBER (J)<\/p>\n
( ARCHANA NIGAM)
\nMEMBER (A)<\/p>\n
3<\/p>\n
CAT Ahmedabad Bench order dated 29\/10\/2018 in CP 13\/2016 of Late Shri K.
\nH. Jadav retd employee of Doordarshan reads as under:
\nMr. M.S.Trivedi, counsel for applicant.
\nMs. F.D.Patel, counsel for respondents with cited respondent No. 4, namely Shri
\nS.A.Vora, \u00a0his successor in office of respondent No. 4 namely Shri \u00a0Nalinkant K.
\nMehta and\u00a0 Mr. Santosh Kumar, Section Officer \u00a0in the office of Respondent No.
\n1.
\nPhysical appearance of the contemnors \/ respondents \u00a0were ordered on
\n24\/09\/2018 and were directed to them to appear physically before this \u00a0Bench of
\nthe Tribunal \u00a0on 29\/10\/2018, \u00a0with requisite record and to explain why Orders of
\nthe Tribunal could not be complied with and why formal statement of charge \/
\naccusation be not framed to record their plea.\u00a0 Respondents No. 1, 2 and 3 have not
\nappeared today nor there is any information \u00a0as to why they have not appeared.
\nComprehensive order was passed on \u00a024 th September, 2018 which reads as under :-
\n\u201cInstant Contempt Petition was preferred by applicant for alleged violation\/
\ndisobedience\/ non-compliance of Order dated 30.11.2015 passed by this Tribunal
\nin OA No.444\/2014.
\n2.\u00a0\u00a0 It transpires from record that original applicant, Shri Kalidasbhai H. Jadav
\nwhile serving with the respondents alleged contemnors had approached the
\nTribunal, by way of aforesaid OA No. 444\/2014, claiming promotion with
\nretrospective effect, more particularly, from the date on which his juniors were
\npromoted and DPC met for consideration of the case for promotion of the
\nconcerned employees in the year 1994 and 2000. It was stand of contesting
\nrespondents that OA, as informed and as appeared from record is that the
\napplicant is facing a criminal trial, his case was considered by the DPC and that
\nresult has been kept in sealed cover. Ultimately, OA No.444\/2014 was disposed
\noff by the Tribunal vide aforesaid Order, dated 30.11.2015 and operative portion
\nof said Order runs as under :
\n\u201cThe matter was heard.\u00a0 We are of the view that sealed cover can now be opened and based on
\nthe contents therein, appropriate\u00a0 order may be passed within one month. On the other reliefs
\nwhich we have deleted, the applicant can take up the same with the respondents and if he is
\nnot getting relief within appropriate time, he can approach the Tribunal again.\u201d
\n3.\u00a0\u00a0 It further transpires from pleadings that Review Application was preferred by
\nthe respondents of the OA and when it was dismissed, they preferred SCA<\/p>\n
4<\/p>\n
No.15317\/2017 on the file of Hon\u2019ble High Court of Gujarat.\u00a0 It was stand of the
\nrespondents of OA, in Review Application as well in SCA No.15317\/2017 that
\ndue to bona fide mistake it was stated in reply in OA No.444\/2014 that case of the
\napplicant of OA has been kept in a sealed cover but in fact case of applicant was
\nnot considered as being not eligible. Anyhow, the Hon\u2019ble High Court dismissed
\nthe SCA No.15317\/2017 and directed the Department to consider the case of the
\napplicant of OA as per observation made in the Order.
\n4.\u00a0\u00a0 The instant CP has been instituted for non-compliance of Order of the
\nTribunal, which was confirmed by RA as well as by Hon\u2019ble High Court in SCA
\nNo.15317\/2017.
\n5.\u00a0\u00a0 MA No.84\/2018 for production of documents and\u00a0 physical appearance of
\nrespondents has been preferred by the original applicant and was pressed. Heard
\nthe learned counsel for the applicant as well as respondents at considerable
\nlength and perused the record. Respondents after lengthy argument, on merit
\nnow seek time. Already sufficient time has been given. The Order passed by the
\nTribunal, which was confirmed by the Hon\u2019ble High Court has not been
\ncomplied in letter and spirit.\u00a0 The fact remains that whatsoever may be reason,
\nrespondents while filing reply in OA No.444\/2014 have given wrong statement.
\nOne of the prayer made in MA No. 84\/2018 reads \u00a0\u201cThat, the Hon\u2019ble Tribunal
\nfurther be pleased to direct the respondents that the respondents are required to
\nremain present to explain the correct facts along with file\/papers on which letter
\ndated 25.1.2018 is issued by the respondents.\u201d
\n6.\u00a0\u00a0 Having taken note of totality, request as has been made at Clause (c) of MA
\nNo.84\/2018, which has been reproduced ibid is allowed. Respondents are
\ndirected to appear before the Tribunal on 29.10.2018, with requisite record and
\nto explain why Orders of the Tribunal could not be complied with and why
\nformal statement of charge\/ accusation be not framed to record their plea.
\n7.\u00a0 MA\u00a0 No. 84\/2018 stands allowed.
\n8.\u00a0 Put up on 29.10.2018.\u201d
\nLearned counsel, Mr. F.D. Patel, upon inquiry, answered that she has informed the
\nrespondents, through e-mail, about their physical appearance on 29\/10\/2018. She
\nrequested to wait for some time and upon her request matter was kept pending for
\nsecond half but in second half, only respondent No. 4 appeared. \u00a0Shri Santosh
\nKumar, who is working as Section Officer in the office of Respondent No. 1
\ninforms that he was only directed to take and place the record before the Tribunal.<\/p>\n
5<\/p>\n
No explanation thus could come either through the mouth of learned counsel of
\nrespondents or from Shri Santosh Kumar, as to why respondents No. 1, 2 and 3
\ncold not appear. It is enquired from learned counsel whether, if\u00a0 time is given said
\nrespondents would appear in Court on date fixed and she answered that she cannot
\ngive any undertaking.
\nPresent one is a Contempt Petition and imputation therein is that respondents
\ndeliberately disobeyed the order passed in OA No. 444\/2014.The respondents \/
\ncontemnors No. 1, 2 and 3 as noted above, \u00a0were also directed to appear physically
\nbut it appears that either they are not serious or are of the view that nothing adverse
\ncould be done against them by the Authority like the Tribunal.
\nTaking note of entirety and conduct of respondents, we direct issuance of bailable
\nwarrants, of respondents No. 1, 2 and 3 \u00a0namely\u00a0 (1) Smt. Aparna Vaish, Director
\nGeneral, Prasar Bharti India\u2019s Public Service Broadcaster, D.G. Doordarshan,
\nVigilance Section, Mandi House, New Delhi, \u00a02) Shri A.K.Gupta, Senior Vigilance
\nOfficer, Prasar\u00a0 Bharati India\u2019s Public Service Broadcaster, D.G. Doordarshan,
\nVigilance Section, Mandi House, New Delhi and (3) Shri A.S. Satpathi, Pay &
\nAccounts Officer, IRLA Group, AGCR Building, Ministry of Information and
\nBroadcasting, New Delhi; \u00a0their successor in Office, if he\/she or they have been
\nsucceeded, for their physical appearance before this Tribunal on 5 th December,
\n2018. Condition of bail to be imposed in warrants shall be executing of \u00a0personal
\nbond of Rs. Fifty thousand with undertaking that they would remain present
\nphysically before the Tribunal on date fixed i.e. 5 th \u00a0December, 2018. The
\nCommissioner, Delhi Police, Delhi is directed to get execute the warrant and in
\ncase said respondents opt to execute the requisite bond, \u00a0as has been directed
\nabove, to release them on bail and to send the bond, with report to the Tribunal.
\nRegistry is directed to send the warrants for execution to the Commissioner of
\nPolice, Delhi with covering letter as well as copy of this order.
\nPut up on 5\/12\/2018.\u201d<\/p>\n
( M. C. VERMA)
\nMEMBER (J)<\/p>\n
( ARCHANA NIGAM)
\nMEMBER (A)<\/p>\n
Online copy of these orders are attached herewith<\/p>","protected":false},"excerpt":{"rendered":"
1 st time in the history of CAT, bailable warrants issued & personal bonds of Rs. 50000\/- executed against government authorities in a service matter It has happened rarely in the history of CAT (Central Administrative Tribunal) that central government authorities are issued bailable warrant. CAT Ahmedabad had also directed to execute personal bond of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":"","spay_email":"","footnotes":"","jetpack_publicize_message":"","jetpack_is_tweetstorm":false},"categories":[54],"tags":[],"jetpack_featured_media_url":"","jetpack_publicize_connections":[],"jetpack_shortlink":"https:\/\/wp.me\/paUKPQ-1Qz","_links":{"self":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/7103"}],"collection":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/comments?post=7103"}],"version-history":[{"count":1,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/7103\/revisions"}],"predecessor-version":[{"id":7104,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/posts\/7103\/revisions\/7104"}],"wp:attachment":[{"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/media?parent=7103"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/categories?post=7103"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/allgujaratnews.in\/en\/wp-json\/wp\/v2\/tags?post=7103"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}