Facts
The petitioner, an Ex-Senior Assistant Loco Pilot, filed a contempt petition alleging non-compliance with the Tribunal's order dated 03.10.2024
Source reference: para. 1-2The original order quashed previous impugned orders and directed the respondents to reinstate the applicant with consequential benefits, conduct a re-medical examination, and, if found unfit for his original post, adjust him to a suitable alternative post within three months
Source reference: para. 2The respondents filed a compliance affidavit stating that the petitioner underwent a re-medical examination and was subsequently appointed to the post of Technician-III (Level-2) in the Carriage and Wagon Department vide order dated 24.02.2026
Source reference: para. 4The respondents further noted that the original order dated 03.10.2024 is currently under challenge before the Hon’ble High Court
Source reference: para. 5Issues
Whether the respondents’ actions constitute a willful or deliberate disobedience of the Tribunal’s directions dated 03.10.2024
Source reference: para. 7Whether the adequacy or correctness of an order passed in purported compliance can be adjudicated within contempt jurisdiction
Source reference: para. 7Law Applied
The Tribunal applied the principle that contempt jurisdiction is limited to verifying compliance and does not extend to examining the correctness or adequacy of the compliance order
Source reference: para. 7It relied on the Supreme Court precedent in J.S. Parihar v. Ganpat Duggar, which held that once an order is passed in purported compliance, it cannot be re-examined in contempt proceedings
Source reference: para. 7the power to punish for contempt must be exercised with extreme caution and only in cases of clear and willful disobedience
Source reference: para. 8Reasoning
The Tribunal observed that the respondents had taken substantive steps to implement the order dated 03.10.2024 by conducting a re-medical examination and issuing a fresh appointment order for an alternative post on 24.02.2026
Source reference: para. 4, 7Since the respondents acted in "purported compliance" with the directions, the Tribunal reasoned that any lingering grievance regarding the manner of compliance or the suitability of the new post does not amount to "willful disobedience"
Source reference: para. 7The Tribunal noted that its jurisdiction in a contempt matter is restricted; it cannot go behind the merits of the new order passed by the authorities
Source reference: para. 7as the primary directions (medical test and adjustment) were met, the legal threshold for contempt was not satisfied
Source reference: para. 8-9Holding
The Tribunal held that no case for willful or deliberate disobedience was made out as the respondents had complied with the directions by accommodating the petitioner in an alternative post
The contempt proceedings were dropped, and the notices issued to the respondents were discharged
Source reference: para. 9The Tribunal granted the petitioner liberty to challenge the manner of compliance or the fresh appointment order through appropriate legal remedies
Source reference: para. 10All pending Miscellaneous Applications were disposed of with no order as to costs
Source reference: para. 11Original Court PDF
RAMANAND KUMARvsNORTH EASTERN RAILWAY
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