CAT - Ernakulam

Petitioner's claim of delayed promotion due to un-communicated training fails; prior intimation proved.

K. Muraleedharan, S/o. Apputty, Inspector, Headquarters Office, Central GST& Central Excise, Calicut – 673 001. v. Shaik Khader Rahman, The Chief Commissioner of Central Excise & Customs, Kerala Zone, Central Revenue Buildings, I.S. Press Road, Ernakulam – 682 018. & Others. Contempt Petition(C) No. 180/00036/2025 in O.A No. 180/612/2012.

CAT - ErnakulamJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, K. Muraleedharan, sought promotion with retrospective effect, contending that he was not properly intimated about a training session at NACIN, Patna, scheduled from July 14, 2025, to August 1, 2025.

Source reference: no citation

He subsequently attended a later training at Chennai and was granted promotion only after completing it.

Source reference: no citation

The contempt petition arose from an earlier order dated January 6, 2026, which left open the issue of whether the petitioner had sufficient notice of the Patna training.

Source reference: p. 2

The learned ACGSC presented an email sent by the petitioner himself on July 10, 2025, in which he acknowledged the intimation about the Patna training but stated that train tickets from Ernakulam were unavailable for July 12, 2025.

Source reference: p. 2-3
02

Issues

1. Whether the petitioner had sufficient notice about the training at NACIN, Patna, from July 14, 2025, to August 1, 2025.

Source reference: p. 2

2. Whether the Department was justified in offering the petitioner training at Chennai and granting promotion upon its completion.

Source reference: p. 3
03

Law Applied

The Tribunal considered the principles governing contempt proceedings, specifically focusing on whether a clear and deliberate disobedience of a court order occurred.

Source reference: no citation

The core legal principle applied was that for contempt to be established, there must be a willful flouting of a judicial directive.

Source reference: no citation

The court assessed the evidence to determine the factual basis of the petitioner's claim regarding lack of notice.

Source reference: p. 2-3
04

Reasoning

The Tribunal considered its previous order dated January 6, 2026, which narrowed the issue to whether the petitioner had sufficient notice of the Patna training.

Source reference: p. 2

The petitioner’s contention was that he was not intimated about this training, which then necessitated his attendance at a later training in Chennai, thereby delaying his promotion.

Source reference: p. 2

However, the learned ACGSC produced an email from the petitioner himself, dated July 10, 2025.

Source reference: p. 2-3

This email explicitly referenced the intimation about the Patna training and the petitioner's inability to secure train tickets.

Source reference: p. 2-3

This direct evidence from the petitioner's own communication "clearly demolished" his claim of not being intimated about the training.

Source reference: p. 3

Consequently, the Tribunal reasoned that if the petitioner had received notice but opted not to attend due to travel constraints, the Department was justified in offering him a subsequent training opportunity and granting promotion upon completion thereof.

Source reference: p. 3
05

Holding

The Tribunal concluded that the petitioner had sufficient notice of the training at NACIN, Patna, and his contention to the contrary was disproven by his own email.

The Tribunal held that the Department was justified in offering the petitioner training at Chennai and granting him promotion upon completion of that training.

Source reference: p. 3

Accordingly, the Contempt Petition was closed, and the notice stood discharged, with no costs awarded.

Source reference: p. 3
CAT - Ernakulam

Original Court PDF

K. Muraleedharan, S/o. Apputty, Inspector, Headquarters Office, Central GST& Central Excise, Calicut – 673 001. v. Shaik Khader Rahman, The Chief Commissioner of Central Excise & Customs, Kerala Zone, Central Revenue Buildings, I.S. Press Road, Ernakulam – 682 018. & Others. Contempt Petition(C) No. 180/00036/2025 in O.A No. 180/612/2012.

CAT - Ernakulam · no citation

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