CAT - Delhi

Contempt proceedings stand closed where the operation of the underlying order is stayed by the High Court.

Raj Kumar vs DR. NIRAJ MITTAL M/O COMMUNICATIONS

CAT - DelhiJUDGMENT: March 18, 20261 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners (37 employees and former employees of Mahanagar Telephone Nigam Limited) initiated contempt proceedings against the Secretary, Department of Telecommunications, the CMD of MTNL, and the Secretary, Department of Pension and Pensioners Welfare

Source reference: p. 11-12

The petition alleged non-compliance with the Tribunal's directions issued in O.A. No. 2024/2019

Source reference: p. 13, para 1

During the hearing on March 18, 2026, the counsel for the respondents informed the Tribunal that the operation of the order passed in the captioned O.A. had been stayed by the Hon’ble High Court of Delhi

Source reference: p. 13, para 1
02

Issues

Whether a contempt petition can be maintained or continued when the underlying order alleged to be violated has been stayed by a superior court

Source reference: p. 13, para 1-3
03

Law Applied

The Tribunal applied the fundamental principle of judicial discipline and the Contempt of Courts Act, 1971, which dictates that contempt proceedings cannot proceed when the enforcement of the subject order is legally suspended by a stay order from a higher court

Source reference: p. 13, para 1, 3
04

Reasoning

The Tribunal took note of the respondents' categorical statement regarding the stay granted by the Hon’ble High Court of Delhi against the order in O.A. No. 2024/2019

Source reference: p. 13, para 1

The Bench reasoned that because the subject matter of the contempt was currently sub-judice and its operation halted by the High Court, the petition for willful disobedience could not be pursued at this juncture

Source reference: p. 13, para 3

The Tribunal acknowledged the petitioners' request for liberty to seek legal recourse or revive the petition depending on the outcome of the High Court proceedings

Source reference: p. 13, para 2-3
05

Holding

The Tribunal closed the Contempt Petition and discharged the notices issued to the alleged contemnors

The petitioners were granted liberty to revive the petition, if required, in accordance with law following the finality of the proceedings before the High Court

Source reference: p. 13, para 3

All pending Miscellaneous Applications were disposed of, and no order as to costs was made

Source reference: p. 13, para 4-5
CAT - Delhi

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Raj KumarvsDR. NIRAJ MITTAL M/O COMMUNICATIONS

CAT - Delhi · March 18, 2026

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