CAT - Delhi

Contempt petition closed upon respondent’s undertaking to release remuneration with liberty to revive.

ASHWANI KUMAR vs NARESH KUMAR CHIEF SECRETARY & ORS GNCTD

CAT - DelhiJUDGMENT: March 17, 20261 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners, working as Welfare Officers/Probation Officers, filed a Contempt Petition (CP) alleging non-compliance with orders passed in O.A. No. 611/2023

Source reference: p.1, 4

The grievance involved the non-release of remuneration for the intervening period of 25.03.2023 and 26.03.2023

Source reference: p.5

During the hearing on 17.03.2026, the respondents produced an order dated 10.03.2026 directing the release of the disputed payments

Source reference: p.5
02

Issues

Whether the respondents had sufficiently complied with the Tribunal's directions regarding the release of remuneration to warrant the closure of contempt proceedings

Source reference: p.5
03

Law Applied

The Tribunal exercised its contempt jurisdiction under Section 17 of the Administrative Tribunals Act, 1985, read with the Contempt of Courts Act, 1971

Source reference: no citation

It applied the principle of "substantial compliance," whereby contempt proceedings may be dropped if the contemnor demonstrates a bona fide intent to comply with the court's directions through administrative orders and undertakings for payment

Source reference: p.5
04

Reasoning

The Tribunal evaluated the submission made by the respondents' counsel regarding the issuance of the order dated 10.03.2026

Source reference: p.5

It noted the respondents' explicit undertaking to ensure the actual disbursement of funds to the petitioners within a fixed timeframe of two weeks

Source reference: p.5

Given the petitioners' consent and the documented steps taken by the government to release the remuneration, the Tribunal reasoned that the continued pendency of the CP was unnecessary, provided a safeguard was established for the petitioners in the event of a default

Source reference: p.5
05

Holding

The Tribunal closed the Contempt Petition (CP) based on the respondents' undertaking to release the remuneration within two weeks

However, it granted the petitioners specific liberty to approach the Tribunal via a Miscellaneous Application (MA) for the revival of the CP should the respondents default on the payment timeline

Source reference: p.5
CAT - Delhi

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ASHWANI KUMARvsNARESH KUMAR CHIEF SECRETARY & ORS GNCTD

CAT - Delhi · March 17, 2026

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