SANJAY GUPTA Vs. RAKESH GARG

JUDGEMENT

(1.) O .A. No. 2803/2014 was disposed of by this Tribunal at the admission stage without going into the merits of the case with direction to the respondent to consider representation dated 25.7.2014 made by the applicant and decide the same by reasoned and speaking order. Paragraph 4 of the Order reads thus: - -

(2.) IN view of the aforementioned Order, the respondents passed order dated 6.1.2015 (Annexure A to the compliance affidavit). The applicant, who is present in person, submitted that the order passed by the respondents is not in accordance with the law and suffers from infirmities. It is stare decisis that once in implementation of the Order/directions given by the Tribunal the Department has taken a particular decision, howsoever wrong the decision may be, it cannot be said to have willfully disobeyed the Order passed by the Court/Tribunal. As has been viewed by the Hon'ble Supreme Court in J.S. Parihar v. Ganpat Duggar & others, : JT 1996 (9) SC 611, once pursuant to the directions given by the Tribunal the respondent has taken a final decision, though final decision may give rise to the fresh cause of action for instituting the fresh proceedings but it cannot be said to have disobeyed the directions of the Tribunal and the Department cannot be held guilty for Contempt of Court. Relevant excerpt of the said judgment is reproduced hereinbelow: - -

(3.) AFOREMENTIONED view has also been reiterated by the Apex Court in Bihar State Govt. Sec. School Teachers Association v. Ashok Kumar Sinha & others, (Contempt Petition (C) Nos. 88 -89 of 2013 in Civil Appeal Nos. 8226 -8227 of 2012) decided on 7.5.2014. Relevant excerpt of the said judgment reads as under: - -