T SUDHAKAR PRASAD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Administrative Tribunals set up under the provisions of Administrative Tribunals Act, 1985, do they or do they not have power to punish for their contempt Whether after the decision of this Court in L. Chandra Kumar vs. Union of India, (1997) 3 SCC 261, Section 17 of the Administrative Tribunals Act, 1985 (hereinafter, the Act for short) does not survive and has been rendered unconstitutional or otiose These questions of far-reaching implications to the administration of justice through Tribunals arise for consideration in these appeals.

(2.) A cursory view of factual backdrop. An application (Contempt Application No. 562/1996 in O.A. No. 35574/1991) invoking the contempt jurisdiction of Andhra Pradesh Administrative Tribunal under Section 17 of the Act and seeking initiation of proceedings against the Principal Secretary, Irrigation and CAD Department was filed complaining of wilful disobedience by the latter of an order passed by the Tribunal in favour of the applicant. The Tribunal initiated the proceedings. The State of A. P. and the Principal Secretary filed a writ petition (CWP No. 34841/1997) in the High Court of Andhra Pradesh laying challenge to the jurisdiction of the Tribunal to take cognizance of the contempt case. In another matter an application (Contempt Case No. 1054/1998) invoking contempt jurisdiction of the High Court, without approaching the Tribunal under Section 17 of the Act, and complaining of wilful disobedience of an order passed by the Andhra Pradesh Administrative Tribunal was filed before the High Court. In both the matters, question arose whether such proceedings were appropriately maintainable before the High Court or the Administrative Tribunal. The issue has been disposed of by a Division Bench of Andhra Pradesh High Court holding as under :-

(3.) Accordingly, the High Court has directed the contempt application pending before it to be dealt with by following the procedure applicable to contempt of subordinate Courts and the contempt application filed in the Tribunal has been directed to be dismissed as one before forum without jurisdiction with liberty to the applicant to initiate the proceedings afresh by following the procedure as stated by the High Court. These appeals have been filed feeling aggrieved by the judgment of the High Court taking the view as aforesaid.