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Author Topic: Can a contempt case be filed??  (Read 220 times)

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Offline SUNAABH SARKAR

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Can a contempt case be filed??
« on: April 15, 2016, 11:05:21 PM »
The Case:

A colleague filed an appeal in CAT for retention/ exemption from transfer/ posting on various grounds. CAT granted her relief in the form of quashing transfer order. Now her deptt. has filed an appeal in High Court against CAT ruling. Even though my colleague is regularly attending office, ever since the deptt has filed appeal in HC, it has neither permitted my colleague to sign attendance nor has it paid her salary since Nov 2015 on grounds that the appeal is pending in high court. After lot of protest the colleague has been permitted to log attendance, but, in a register different from where the rest of the staff sign. The withholding of salary still remains.

I'll be grateful if an expert can help me on the following:

1. Can the Salary of a person be stopped/ with held under law in cases as mentioned above?
2. Can a Govt Employee be prevented from logging attendance in such circumstances?
3. Can the aggrieved person, here my colleague, file a suit for contempt of court on the basis of 1,2 above?

Thanks in advance for the time, patience and advice.

 

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