ARIJIT PASAYAT, J. - (1.) CHALLENGE in this appeal is to the judgment rendered by the Madras Bench of the Central Administrative Tribunal (in short the Tribunal'). The Tribunal was of the view that the appellant No.1 and its named functionary were guilty of contempt. However, another officer was exonerated. It was held that the order dated 30.4.2004 passed by the Tribunal in OA No. 1002/2003 had not been complied with deliberately and, therefore, the said act amounted to contempt. It was observed that the functionaries and various officers acted in a canalized manner in flouting the directions of the Tribunal.
(2.) BACKGROUND facts as projected by the appellants need to be noted in some detail as there is great deal of factual controwersies and much would depend upon the effects of various acts on different dates. On 20.6.1968 Mr. M.M. Nampoothiry and Mr. D.K. Trehan joined the Indian Economic Services in Grade IV. The respondent Mr. P.M. Rangaswami also joined the Indian Economic Services in Grade IV on 8.7.1970 On 11.6.86, in view of the judgment of this Court in Narender Chadha and Ors. v. Union of India and Ors. (1986(2)SCC 157) the reservation in promotion was applied by which the seniority position in Grade III (Deputy Director) was fixed as follows : JUDGEMENT_5889_AIR(SCW)_2007Html1.htm
(3.) ON 26.2.1987 based on the said seniority position of Grade III, promotions to Grade II Junior Administrative Grade (in short 'JAG') (subsequently denoted as Grade I) was effected. The promotion was by selection. The position as fixed as follows : JUDGEMENT_5889_AIR(SCW)_2007Html2.htm The notification issued on 9.3.1987 in respect of promotion to grade II shows the respondent at serial number 41 and Shri Trehan and Shri Nampoothiri at serial numbers 16 and 17 respectively. The same order was fixed by DPC.;