Sanjay Dutt vs Sarita Chowhan
2022 Latest Caselaw 1470 j&K

                                                                 Sr.No. 92


       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                                          CCP(S) No.653/2019

Sanjay Dutt                                              ..... Petitioner(s)
                          Through: Ms. Arushi Shukla, Advocate.

                                Vs

Sarita Chowhan, Comm. Secy. School
Education and of J and K and others                        ..... Respondents(s)

                          Through: Mr. Rahul Sharma, Dy. AG.


Coram: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE


                                      ORDER

18.10.2022

01. This petition arises out of order dated 08.03.2019 passed in writ

petition (SWP) No. 406 of 2019. The said writ petition has already been

transferred to the Central Administrative Tribunal (CAT), Bench Jammu.

02. Petitioner during the pendency of the said writ petition had filed this

petition seeking initiation of contempt proceedings for disobedience of an order

passed by the court in aforementioned writ petition.

03. When this matter was taken up for the consideration, learned counsel for

the respondents submits that in view of the judgment passed in Abdul Qayoom

Guroo & Anr. Versus Ajeet Kumar Sahoo & Ors., CCP(S) 144/2020 and CCP(S)

No. 64/2021, JKJ online 73021, the instant petition is also required to be

transferred to the CAT for consideration and final disposal.

04. In the above referred case the question which was considered was that

whether the CAT constituted under Section 4 of the Administrative Tribunals

Act, 1985 ["the Act"] shall have the power and authority under Section 17 of the

Act to punish for contempt in relations to an interim order passed by the High

Court in a writ petition, which was subsequently transferred to it under Section

29 of the Act?

05. This court after discussing the issue has held as under:

"17. Viewed from any angle, I am of the considered view that contempt in relation to the orders passed by this Court in the petitions, which subsequently stand transferred to the Tribunal under Section 29 of the Act, shall lie only and only before the Tribunal under Section 17 of the Act. The orders and the proceedings taken in the petitions prior to their transfer shall be and shall be deemed to be the orders and the proceedings of the Tribunal, should the Tribunal decides to proceed to deal with the petitions from the stage it was reached before such transfer. The powers conferred upon the Tribunal under Sub-clause (b) of Sub Section (4) of Section 29 of the Act to proceed in the transferred petitions from an earlier stage or de novo as the Tribunal may deem fit fortifies the conclusion arrived at by me herein above.

19. The discussion made and the conclusion drawn herein above is complete answer to the question posed for determination. These contempt petitions are held not maintainable before this Court. It shall, however, remain open to the petitioners to approach the Tribunal by way of an application under Section 17 of the Act read with Contempt of Courts (C.A.T.) Rules, 1992."

06. Therefore, in view of the aforementioned judgment, the instant

proceedings are transferred to the CAT for disposal under law. The matter shall

be taken up by the Tribunal on 18th November 2022.

07. Parties are directed to remain present before the Tribunal on the date fixed.

(VINOD CHATTERJI KOUL) JUDGE Jammu 18.10.2022 Sunita.