Non-Implementation Of High Courts/Cat Orders

Non-Implementation Of High Courts/CAT Orders

GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
RAJYA SABHA

STARRED QUESTION NO. 257

(TO BE ANSWERED ON 10.08.2017)

NON-IMPLEMENTATION OF HIGH COURTS/ CAT ORDERS

*257. SARDAR BALWINDER SINGH BHUNDER: Will the PRIME MINISTER be pleased to state:

(a) whether Government is aware that several Ministries have not been implementing the judicial orders of High Courts/Central Administrative Tribunal (CAT) for the last more than five years, if so, the details thereof and the reasons therefor; and

(b) whether Government has received any representations against non-implementation of CAT orders by any Ministry and if so, the details in this regard and the action proposed to be taken on non-implementation of Court/CAT orders?

ANSWER

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a) & (b): A statement is laid on the Table of the House.

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STATEMENT REFERRED TO IN RAJYA SABHA STARRED QUESTION NO. 257 BY SARDAR BALWINDER SINGH BHUNDER FOR REPLY ON 10/08/2017 REGARDING NON-IMPLELMENTATION OF HIGH COURTS / CAT ORDERS

(a) & (b): No Sir. No such case of deliberate non-implementation of the orders of Hon’ble High Courts or Central Administrative Tribunal (CAT) has come to notice. Government holds the High Courts/Central Administrative Tribunals in highest esteem, and has the greatest regard for their orders. Government is also well aware of the fact that non-implementation of orders constitutes contempt of Court which may lead to penal consequences for all the officials concerned. The only event in which the orders may not be implemented is when a judicial review of the Court orders before a higher judicial forum is sought and decision thereon is pending.

The responsibility for implementation of the orders of the Hon’ble Courts/CAT is of the Ministries/Departments concerned and no centralised data is maintained regarding implementation or otherwise of the Court orders received.

However, the Department of Personnel & Training vide OM no. 28027/1/2016- Estt.A-III dated 16.3.2016 (Copy annexed) has issued guidelines / instructions to all Ministries / Departments to treat the orders received from Court with proper care and to ensure that timely action is taken at each stage of a court case. Litigation should not be allowed to prolong to the extent that it results in contempt proceedings.

Source: Rajya sabha