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, 4The grievance involved the non-release of remuneration for the intervening period of 25.03.2023 and 26.03.2023
Source reference: p.5During 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.5Issues
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.5Law 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 citationIt 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.5Reasoning
The Tribunal evaluated the submission made by the respondents' counsel regarding the issuance of the order dated 10.03.2026
Source reference: p.5It 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.5Given 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.5Holding
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.5Original Court PDF
ASHWANI KUMARvsNARESH KUMAR CHIEF SECRETARY & ORS GNCTD
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