IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH CHENNAI.
C.A. No. of 2012
in
O.A. No.144 of 2011
1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai
Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.
2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central Excise.\,
III Floor, Annexe Building,
Office of the Commissioner of Central
Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034. …
Applicant
-Versus-
Mr.
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block,
New
Delhi
110 001. …
Respondents
DETAILS OF APPLICATION
I. (a) Name and address of the Applicant
:
1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai
Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.
2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central Excise.\,
III Floor, Annexe Building,
Office of the Commissioner of Central
Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034. …
Applicant
II. (b) Name and address of the Respondents :
Mr.
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block, New Delhi 110 001. … Respondents
(c)
Provision of Law
Under Section 17 of the Administrative
Tribunal’s Act 1985.
III
(d) Facts of the Case :
1.
The Petitioner made a detailed
representation on 20.10.2010 raising its grievances with regard to Modified
Career Assured Progression Scheme, in short M.A.C.P. Scheme. Since no action was forthcoming from the
Respondents, the Petitioner had filed O.A. 144 of 2012 before the Central
Administrative Tribunal Chennai Bench for a limited direction to the
Respondents to consider and pass orders on the Petitioner’s representation
dated 20.10.2010.
2.
The Hon’ble Tribunal by its order dated
25.04.2012 gave a limited direction to the Respondents to consider the
representation of the Petitioner herein dated 20.10.2010 and pass a reasoned
order in accordance with the rules within a period of three months from the
date of receipt of copy of order.
3.
On the basis of the above said order the
Petitioner had made a representation on 14.06.2012 and 16.07.2012 seeking implementation
of the above order of the Hon’ble Tribunal.
The time limit of three months has since expired. But no reply has been given to the Petitioner
herein. The inaction on the part of the
Respondents amounts to willful disobedience of the orders passed by this
Hon’ble Tribunal and amounts to contempt of Court.
4.
The copy of the order of this Hon’ble
Tribunal was made ready on 3.5.2012 and the same was forwarded by the Applicant
along with the representation seeking implementation. But no action was taken to implement the
order. In such circumstances, the Petitioner
caused the issuance of a Contempt Notice to the Respondents on 20.08.2012 to
implement the order of the Hon’ble Tribunal failing which the Applicant would
be constrained to initiate contempt proceedings before this Hon’ble
Tribunal. Despite receipt of the above
said notice, no action as been taken by the Respondents to implement the order.
5.
It is clear from the above that there
is deliberate and willful disobedience of the order of the Hon’ble Tribunal
which amounts to contempt of Court.
IV. Nature of relief prayed for
(i)
to
punish the Respondents for committing contempt of the order of this Hon’ble
Tribunal dated 25.04.2012 made in O.A.No.144 of 2012 by not implementing the same and
(ii)
to
pass such further or other orders as may be deemed fit and proper.
V. Previous
Application if any - Nil
VI. Documents and other copies are enclosed
herewith.
VERIFICATION
I,
R. Chandramouli, III Floor, Periyar
Maligai, 690, Anna Salai, Nandanam Chennai 600 035. K. Sudarsan, S/o. K.
Gopalakrishnan, Working as Superintendent of Central Excise.\,III Floor, Annexe
Building, Office of the Commissioner of Central Excise, Chennai1, 121,
Nungambakkam High Road, Nungambakkam, Chennai 600 034. , do hereby solemnly
and sincerely affirm and state that what is stated above is true to the best of
my knowledge and belief.
Dated at Chennai, this the day of December , 2012.
APPLICANT.
APPLICATION UNDER SECTION 17 OF THE
ADMINISTRATIVE TRIBUNALS’ ACT 1985
C.A No: of
2012
in
O.A No: 144 of 2011
1. The All India Association of Central Excise
Gazetted Executive Officers, Chennai
Unit,
Represented by its General Secretary,
R. Chandramouli,
III Floor, Periyar Maligai,
690, Anna Salai, Nandanam
Chennai 600 035.
2. K. Sudarsan,
S/o. K. Gopalakrishnan,
Working as Superintendent of Central
Excise.,
III Floor, Annexe Building,
Office of the Commissioner of Central
Excise, Chennai1,
121, Nungambakkam High Road,
Nungambakkam, Chennai 600 034. …
Applicant
-Versus-
The Chairman,
Central Board of Excise and Customs,
Ministry of Finance, North Block,
New
Delhi
110 001. …
Respondents
DRAFT CHARGE
Central Administrative Tribunal Madras
Bench hereby charges you Mr Chairman,
Central Board of Excise and Customs, Ministry of Finance, North Block, New
Delhi 110 001as under:
That you have failed to implement the order
dated 25.04.2012 in OA 144 of 2012 and
have not disposed of the representation made by the applicants on 20.10.2010 in
accordance with rule and instructions within a period of 3 months and thereby
committed contempt of this Hon’ble Tribunal punishable under Section 12 of the
Contempt of Courts Act, 1971 Read with Section 17 of the Administrative
Tribunals Act, 1985 then are ignorance.
You are hereby directed to be tried by
this Tribunal for the aforesaid charge.
Signature
of the Hon’ble Member/s
The charge was read over and explained
to the alleged contemner and his plea was recorded as under.
(1) Do you plead guilty to the charges?
(2) Do you have anything else to say?
Answer:
Signature of the alleged contemner
Signature
of the Hon’ble Member/s
Presiding
over the Bench.
Dated
at Chennai, this the day of December,
2012
COUNSEL
FOR APPLICANT
