Facts of the Case

The petitioner approached the Karnataka High Court challenging the order of the Central Administrative Tribunal (CAT), Bengaluru, whereby the Tribunal dismissed the contempt petition filed for non-implementation of its earlier order.

The Tribunal rejected the contempt proceedings on the ground that Special Leave Petitions (SLPs) filed by the respondents were pending before the Hon'ble Supreme Court. However, no interim stay had been granted against the Tribunal's original order.

Aggrieved by the refusal of the Tribunal to proceed with contempt despite the absence of any stay order, the petitioner invoked the writ jurisdiction of the High Court under Articles 226 and 227 of the Constitution.

Supported by the judgment.

Issues Involved


  1. Whether the Central Administrative Tribunal can dismiss contempt proceedings merely because Special Leave Petitions are pending before the Supreme Court.
  2. Whether pendency of an SLP automatically suspends the operation and implementation of the Tribunal's order in the absence of any stay granted by the Supreme Court.

Petitioner's Arguments


  • The petitioner contended that the Tribunal's earlier order continued to remain valid and enforceable.
  • Merely because the respondents had preferred Special Leave Petitions before the Supreme Court did not render the Tribunal's order inoperative.
  • Since no stay had been granted by the Supreme Court, the respondents were legally bound to comply with the Tribunal's order.
  • Therefore, dismissal of the contempt petition was unjustified.

 Respondents' Arguments


  • The respondents relied upon the pendency of the Special Leave Petitions before the Supreme Court.
  • On that basis, the Tribunal declined to continue the contempt proceedings.
  • It was also noted before the Tribunal that implementation of the original order would be undertaken.

Supported by the judgment.

 Court Order / Findings


The Karnataka High Court observed that the Tribunal had itself recorded that certain Special Leave Petitions had already been dismissed for non-prosecution and that there was no stay operating against the Tribunal's original order.

The Court held that, in the absence of any stay order, the Tribunal's decision remained fully enforceable and ought to have been implemented in its letter and spirit.

The High Court further held that by rejecting the contempt petition solely on the ground of pendency of SLPs, the Tribunal had virtually stayed its own order without any legal authority. Such an approach was found to be improper.

Accordingly, the High Court disposed of the writ petition by granting liberty to the petitioner to approach the Tribunal for revival of the contempt proceedings.

Supported by the judgment.

 Important Clarification


  • Mere filing or pendency of a Special Leave Petition before the Supreme Court does not automatically stay the operation of the order under challenge.
  • Unless a specific stay order is granted by the Supreme Court, the order continues to remain operative and enforceable.
  • A Tribunal cannot refuse to proceed with contempt proceedings merely because an SLP is pending.
  • Judicial orders must be complied with unless their operation has been expressly stayed by a competent court.

 Legal Principle Emanating from the Judgment


The pendency of Special Leave Petitions before the Supreme Court does not, by itself, suspend the enforceability of the order challenged therein. In the absence of an express stay order, the concerned authority remains under a legal obligation to implement the order, and contempt proceedings cannot be dismissed solely on the basis of such pendency.

Sections / Provisions Involved

  • Articles 226 & 227 of the Constitution of India
  • Contempt jurisdiction arising from proceedings before the Central Administrative Tribunal (CAT)

Link to Download the Order  https://www.mytaxexpert.co.in/uploads/1784530328_1011compressed.pdf

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