Look, you have mentioned that you have already fought against the department for last 3 years and have won the case in the first court and then in the appellate court also. So, it is not that you are fighting with the department for the first time. Have you seen any victimisation or harassment merely because you went to the court / tribunal against the department?
When the department is not complying with the order of the courts which was in your favour, what is your remedy if you do not file contempt of court against the officer responsible for not implementing the order? Generally, contempt petition is utilized for forcing implementation of the orders of the court, under the threat of the contempt. So, there is nothing unusual if you file the contempt petition against your boss. In fact, he should know that if he neglects to implement the court order, contempt would be one of the consequences. At the same time, if you feel that he is not aware of the orders of the court or that the juniors in the department are deliberately hiding the court orders from him, you may seek an appointment with him to apprise him about the court orders, or send him request letters, or send him formal notice of your intent to file a contempt petition in the appropriate court if the order is not implemented within a reasonable period of time, which you may specify in your notice. And, of course, you should wait for a reasonable period of time before you ultimately file a contempt petition in the court.
I may also point out that it is very rare that some officer of the Government is actually punished for contempt. In most of the cases, under the threat of the impending contempt of court, the order of the court is implemented due to which the contempt proceedings are thereafter dropped and nothing happens to the contemnor.
So, there is nothing unusual if you file a contempt petition to force your department to implement the court orders in your favour.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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