Tuesday, November 19, 2013

Update IV CPC Rank Pay Case Contempt Petition Hearing

Contempt Petition filed by RDOA in the IV CPC Rank pay case came up for hearing today (19 Nov 13) in Court no 3 (Justice RM Lodha). The court ordered that contempt notice be served to the contemnors.( Defence Secy Shri Shashi kant Sharma, CGDA, Secy Def Finance and Secy Expenditure)

Date of next hearing will be intimated in due course.

Secy RDOA

41 comments:

yogesh said...

Finally the ball has started rolling though a bit slow. But surely the justice will be done. Well done RDOA

Gk Sharma said...

Well done RDOA.Best of luck
Col G K SHARMA,Retd
Member

aaa said...

Sir was there any arguments and prima facie found to be contempt before issue of notice? Or contempt notice issued only based on petition of RDOA??

Ranbir Lamba said...

bravo... OMG IS GREAT & RODA IS HERO

Ranbir Lamba said...

OMG IS GREAT & RODA IS A HERO

Dasila said...

What I understand is that issuing notice means HSC has accepted the plea submitted in the contempt petition. How much time is given to reply the contempt notice?

Rajneesh Rauthan said...

Good Show RDOA. It has been a long drawn affair. Hope justice is served soon.

5064k said...

Cogratulations to RDOA Team. Hope the issue is resolved soon and we get our long-awaited dues.

Samar

Amal Sarkar said...

Well done . RDOA will get justice and correct entitlement for all through HSC. All effected officers are requested to remain cool and have patience. It is a long drawn battle as opponents are power full Babus who are smart and cunning. They won,t give up so quickly and will try to drag the case as much as they can.But finally, it will be RDOA,s day.Please wait for that day.

R S Sekhon said...

WE are heading towards the goal.Der aae darust aae. KUDOS to RDOA.

Rajali1910 said...

HOPE AT LEAST THE SUPREME COURT WILL UNDERSTAND THE CRIME ONE AGAINST THE ARMED FORCES OVER THE DECADES...THROUGH THE TOOL OF PAY COMMISSIONS....AND RESTORE WHAT RIGHTFULLY THEIR DUE..

Rajali1910 said...

HOPE SUPREME COURT WILL PUT AN END TO THE AGONY OF STEP MOTHERLY TREATMENT OF ARMED FORCE OVER THE DECADES USING PAY COMMISSIONS ..PRAY THERE IS TIME BOUND PUT ON THE CONTEMPT PROCEEDINGS....

R S Sekhon said...

We are approaching the goal. Now it is a matter of a little more time.KUDOS to RDOA.

sunlit said...

Whenever time permits, RDOA could continue to enlighten others.

The first query that comes to mind is whether the Notice is under section 2(b) or under 2(c) of the Contempt of Courts Act of 1971?

Amal Sarkar said...

Well done. Rdoa will get correct entitlement for all through HSC.We all have to remain cool and have patience to fight this long drawn battle as opponents are power full Babus who are smart and cunning.They won,t give up so quickly and will try to drag the case as long as they can. But finally it will be RDOA,S day.Please wait for that day.

Satish Kumar said...

It is, undoubtedly. A + ve development. And things will move in our favour. The Govt is in dire staits & panicky on all fronts ! RDOA, keep up the momentum.

Satish Kumar said...

It is ,undoubtedly, A + ve development.The Govt is in dire straits on all fronts & panicky due to its own ' Karma .'RDOA, Keep moving forward & we shall be victorious.

WG.CDR.V.SUNDARESAN(RETD) said...

Definitely there appears to be a loght at the end of the tunnel.hearty congrats to RDOA and the legal team members/staff for this show.
WE ALL WISH A GRAND FINAL SUCCESS TO ALL OF US. THANKS ALOT TO RDOA
V.Sundaresan

Young50 said...

@sunlit
As per Contempts of Court Act 1971, Sec 2 (a) deals with civil contempt as the case is filed as Contempt Petition (Civil) and not Criminal which is dealt in Sec 2 (c) which would have far-reaching implications once read its interpretations in the Act. Now, the HSC has accepted the case is the prima facie of contempt for disobedience of its order. How much notice is given would decide the next date of hearing. I have no knowledge on the legality of issuing a contempt notice to a constitutional appointment like C & AG (former Def Secy). Unfortunately Maj Navdeep is not giving coverage on Rank Pay issue

ninihala said...

This appears to have been a tame/routine hearing. Did Mr Harish Salve make his apeearance? What exactly did he say for which we all ahd to wait more than 1 extra month. RDOA, please throw some light on this.

Brig K. S. Grewal (Retd) said...

Beekay and Satwant. I am particularly very proud of being associated with both of you during service. keep it up.

Ajit Singh said...

RDOA THANKS FOR ENDLESS EFFORTS. NO DOUBT SUPREME IS SUPREME COURT OF INDIA, WHICH EVERY TIME COMES TO GIVE JUSTICE AND RESCUE THE RETIRED SOLDIERS. ONE NEEDS TO FILE THE CASES AND WAIT AND JUSTICE WILL PREVAIL. IN SUCH CASES WE MUST REQUEST SC TO FIX DATE FOR PAYMENT OF ARREARS WITH ACTION AGAINST PEOPLE NAMED IN CONTEMPT OF COURT.

Ajit Singh said...

RDOA THANKS FOR ENDLESS EFFORTS. NO DOUBT SUPREME IS SUPREME COURT OF INDIA, WHICH EVERY TIME COMES TO GIVE JUSTICE AND RESCUE THE RETIRED SOLDIERS. ONE NEEDS TO FILE THE CASES AND WAIT AND JUSTICE WILL PREVAIL. IN SUCH CASES WE MUST REQUEST SC TO FIX DATE FOR PAYMENT OF ARREARS WITH ACTION AGAINST PEOPLE NAMED IN CONTEMPT OF COURT.

lt col shamsher manhas said...

Well done RDOA. BASH ON ruthlessily. WE are with you .

corona8 said...

The matter, with RDOA's persistent efforts, moves steadily forward.

This could also be the right time to decide whether all the issues that needed to be addressed would be covered in subsequent hearings.

Judging from previous RDOA blog-posts, the DGL originally drafted by the services HQs was most "apt" for resolving issues. Even the recent SOC prepared for the Learned AG by services HQs may not fully cover the rectifications the original service HQ's DGL would have brought about.

I had mentioned one such issue, in connection with the contempt proceedings, in the last para of this blog post.

bala said...

So far,so good !
Think tank of vast resource of officers ,should think beyond resolving issue of the rank pay deduction as on 1.1.86.
There are many other aspects and issues,that require initiation of action without waiting for settlement of present issue .
These do require action.

ramesh sharma said...

They say PATIENCE PAYS!

ramesh sharma said...

THANKS RDOA TEAM. THEY SAY PATIENCE ALWAYS PAYS!

ramesh sharma said...

Well done RDOA Team.We hope matter will be decided soon in our best interest.

HIRAK SEN said...

How does it help?

firstly, heartiest congratulations to rdoa

Former Army Chief Gen V K Singh tendered an "unqualified apology" in the contempt case initiated suo motu by the Supreme Court over some of his contentious statements against judiciary.

babus would do the same ...

...so,how does it help us in getting our dues ?

Satyam ev Jayate said...

@corona8, the MoD letter only mentions acting or substantive rank held. It does not mention Select or Non-select.

Is there some other letter?

Dhoop said...

The contempt notice is "returnable" in ten weeks, so we can expect some progress only after that. Here's a link to the order.

Rajneesh Rauthan said...

For information

1. Civil Contempt Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
2. Criminal Contempt Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which: (i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. (a) 'High Court' means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.

Rajneesh Rauthan said...

For Information


1. Civil Contempt Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.
2. Criminal Contempt Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which: (i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or (ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or (iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. (a) 'High Court' means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.

corona8 said...

@Satyan ev Jayate: To be clear, which MOD letter is being referred to?

All MOD letters, that includes the past recommendations of IV and V pay commissions, specify rank pay for Lt Col (selection).

That is the aspect the recent Services HQs DGL appeared to rectify.

It is for others, esp RDOA, to throw some light on this if they wish to.

Jayasurya said...

Another Jab on MODs Face, this time from Law Ministry itself. It says that don't keep bothering AG with your rubbish- See India Today Report vide this link:-http://indiatoday.intoday.in/story/rank-pay-case-law-ministry-ministry-of-defence-ag-vahanvati-veterans-red-tapism/1/325964.html

Jayasurya said...

latest jab on MOD's face. This time from Law Ministry itself. Don't keep bothering AG with your rubbish. See India Today Report:-http://indiatoday.intoday.in/story/rank-pay-case-law-ministry-ministry-of-defence-ag-vahanvati-veterans-red-tapism/1/325964.html

Jayasurya said...

Another Jab on MOD's face. Latest in this series is from Law Ministry. Don't keep bothering AG with your rubbish. See India Today report :- http://indiatoday.intoday.in/story/rank-pay-case-law-ministry-ministry-of-defence-ag-vahanvati-veterans-red-tapism/1/325964.html

Jayasurya said...

Another Jab on MOD's face. Latest in this series is from Law Ministry. Don't keep bothering AG with your rubbish. See India Today report :- http://indiatoday.intoday.in/story/rank-pay-case-law-ministry-ministry-of-defence-ag-vahanvati-veterans-red-tapism/1/325964.html

Jayasurya said...

Another Jab on MOD's face. Latest in this series is from Law Ministry. Don't keep bothering AG with your rubbish. See India Today report :- http://indiatoday.intoday.in/story/rank-pay-case-law-ministry-ministry-of-defence-ag-vahanvati-veterans-red-tapism/1/325964.html

WG.CDR.V.SUNDARESAN(RETD) said...

Actually, NOW IS THE TIME FOR THE HON'BLE SC TO GIVE THE SNUBS TO MOD AND OTHER VESTED INTERESTS.
Hearty congrats to RDOA AND THE LEGAL TEAM FOR THEIR CONTINUED SERVICE AND HAPPY TURNS OF EVENTS.
If and when HSC gives snubs to all those served with the notice, what else?
v.sundaresan