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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
at

41 comments:

  1. yogeshNovember 19, 2013 at 4:16 AM

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

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  2. UnknownNovember 19, 2013 at 4:44 AM

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

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  3. aaaNovember 19, 2013 at 4:54 AM

    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??

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  4. CollambaNovember 19, 2013 at 4:57 AM

    bravo... OMG IS GREAT & RODA IS HERO

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  5. CollambaNovember 19, 2013 at 4:58 AM

    OMG IS GREAT & RODA IS A HERO

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  6. DasilaNovember 19, 2013 at 5:16 AM

    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?

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  7. UnknownNovember 19, 2013 at 5:48 AM

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

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  8. 5064kNovember 19, 2013 at 6:02 AM

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

    Samar

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  9. Amal SarkarNovember 19, 2013 at 6:03 AM

    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.

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  10. R S SekhonNovember 19, 2013 at 6:10 AM

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

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  11. Rajali1910November 19, 2013 at 6:39 AM

    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..

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  12. Rajali1910November 19, 2013 at 6:42 AM

    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....

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  13. R S SekhonNovember 19, 2013 at 6:51 AM

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

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  14. slNovember 19, 2013 at 7:01 AM

    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?

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  15. Amal SarkarNovember 19, 2013 at 7:55 AM

    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.

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  16. UnknownNovember 19, 2013 at 7:58 AM

    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.

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  17. UnknownNovember 19, 2013 at 8:04 AM

    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.

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  18. WG.CDR.V.SUNDARESAN(RETD)November 19, 2013 at 10:13 PM

    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

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  19. Young50November 20, 2013 at 3:28 AM

    @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

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  20. ninihalaNovember 20, 2013 at 4:30 AM

    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.

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  21. Brig K. S. Grewal (Retd)November 20, 2013 at 5:25 AM

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

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  22. UnknownNovember 20, 2013 at 7:19 AM

    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.

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  23. UnknownNovember 20, 2013 at 7:22 AM

    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.

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  24. lt col shamsher manhasNovember 20, 2013 at 3:38 PM

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

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  25. corona8November 20, 2013 at 8:21 PM

    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.

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  26. balaNovember 20, 2013 at 10:21 PM

    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.

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  27. Lt Clo R C SHARMANovember 21, 2013 at 3:07 AM

    They say PATIENCE PAYS!

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  28. Lt Clo R C SHARMANovember 21, 2013 at 3:08 AM

    THANKS RDOA TEAM. THEY SAY PATIENCE ALWAYS PAYS!

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  29. Lt Clo R C SHARMANovember 21, 2013 at 5:12 AM

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

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  30. UnknownNovember 21, 2013 at 6:35 AM

    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 ?

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  31. OneTopic at a timeNovember 21, 2013 at 7:29 AM

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

    Is there some other letter?

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  32. DhoopNovember 21, 2013 at 7:56 AM

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

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  33. UnknownNovember 21, 2013 at 9:47 AM

    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.

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  34. UnknownNovember 21, 2013 at 9:48 AM

    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.

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  35. corona8November 21, 2013 at 8:53 PM

    @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.

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  36. JayasuryaNovember 21, 2013 at 10:34 PM

    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

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  37. JayasuryaNovember 21, 2013 at 10:39 PM

    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

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  38. JayasuryaNovember 21, 2013 at 10:50 PM

    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

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  39. JayasuryaNovember 21, 2013 at 10:50 PM

    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

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  40. JayasuryaNovember 21, 2013 at 10:51 PM

    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

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  41. WG.CDR.V.SUNDARESAN(RETD)November 26, 2013 at 7:13 AM

    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

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