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2001 Supreme(AP) 637

Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
Rama Rao - Appellant
Versus
State OF A.P., Industries and Commerce Department - Respondent
Decided On : 06-29-01

Headnote:

Constitution of India – Articles 323-A, 14, 16 and 21, 215 and 223, 129, 129, 323-B and 226/227 - Administrative Tribunals act - Section 17 – Promotions to the post of Joint Director – Power of Administrative Tribunal constituted under Article of the constitution of India to issue an interim order although no rule of contempt has been issued in exercise of its power under section of the Administrative Tribunals act hereinafter referred to as the said Act - Fact of the matter is not in dispute - Caveators - unofficial respondents working in the Department of industries have filed various applications under Section of the said Act to direct the respondents not to effect promotions to the post of Joint Directors till further orders the learned Tribunal directed the respondents not to effect promotions to the post of Joint Director till further orders - Declaring the action of the respondents in effecting promotions to the post of joint Director of Industries without preparing seniority list in the feeder category in Deputy Director of industries and giving effect to the recommendations – Held, Tribunal had acted without jurisdiction in passing the impugned order - Although normal the court or the Tribunal would not pass an interlocutory order while initiating proceedings for contempt but in exceptional circumstances it may do so with a view to maintain status quo or to prevent miscarriage of justice - Such inherent power having regard to of the said Act must be held to be vested in the Tribunal. We are therefore of the opinion that the appeal being maintainable against the impugned order, this Court should not exercise its writ jurisdiction under Article 226 of the constitution of India - At this juncture in our opinion the question as to whether there has been a wilfull violation of the court s order cannot be decided inasmuch as the Administrative Tribunal is in seisin of the matter - Accordingly dismissed.

S. B. SINHA, C. J.

( 1 ) THESE writ applications involve an interesting question of law as regards the power of Administrative Tribunal constituted under Article 323-A of the constitution of India to issue an interim order although no rule of contempt has been issued in exercise of its power under section 17 of the Administrative Tribunals act (hereinafter referred to as the said Act ).

( 2 ) THE basic fact of the matter is not in dispute. The caveators - unofficial respondents working in the Department of industries have filed various applications under Section 19 of the said Act to direct the respondents not to effect promotions to the post of Joint Directors till further orders. In oa. No. 918 of 2001, the learned Tribunal directed the respondents not to effect promotions to the post of Joint Director till further orders.

( 3 ) IN the said case, the prayer reads thus: "to grant appropriate relief, declaring the action of the respondents in effecting promotions to the post of joint Director of Industries without preparing seniority list in the feeder category in Deputy Director of industries and giving effect to the d. P. C. recommendations dated 3-8-2000 which expired by 31-12-2000 as arbitrary, illegal and unconstitutional violating Articles 14, 16 and 21 of the Constitution of India and consequential directions directing the respondents in restraining from effecting promotions to the post of joint Director of Industries without preparing seniority list in the cadre of deputy Director of Industries which is the feeder category and also restrain them from giving promotions to the post of Joint Director of Industries basing on D. P. C. recommendations dated 3-8-2000 and effect promotions only after preparation of final seniority list or any other provisional seniority which is existing.

( 4 ) HOWEVER, the State of Andhra Pradesh issued G. O. Ms. No. 87, Industries and commerce Department dated 15-2-2001 approving the panel for promotion to the post of Joint Director and also issued g. O. Ms. No. 88, Industries and Commerce department dated 15-2-2001 in terms whereof, the promotions as also postings were given to the post of Joint Director. The learned Tribunal by an order dated 16-2-2001 stayed the operation of the said g. Os. By the time the Tribunal granted interim orders, promotions were effected by the Government. An application for initiation of proceedings under Contempt of courts Act was filed in C. A. No. 315 of 2001 for not implementing the orders of the tribunal. The learned Tribunal while issuing notice on 26-4-2001 in the Contempt application directed the respondents to maintain status quo as on 14-2-2001 and further directed to issue consequential reversion orders if necessary. Questioning the vires of the said order of the learned tribunal dated 26-4-2001, the present writ applications have been filed.

( 5 ) FOR the alleged wilful disobedience of the aforementioned orders of the learned tribunal, the Contempt Application was filed. Several contentions had been raised on behalf of the alleged contemnors. Differing with the said contentions, the tribunal directed: in this view of the matter, this is a fit case where notices have to be issued on the contempt application. Accordingly, issue notice to the respondents to explain away their conduct as to why they should not be punished under the contempt of Courts Act for violating the orders of this Tribunal returnable within four weeks.

( 6 ) THEN, the Tribunal for all intent and purport issued rule on the Contempt application. In the C. M. A. No. 53 of 2001 that was filed in the said contempt application, the learned Tribunal observed: the learned Counsel for the applicant and the learned Govt. Pleader are heard. Much water has flown beneath the bridge. There is no need to dwell on this matter at length presently. As the respondents are aware that each and every direction given by this Tribunal. was to the effect that no promotions should be effected until and unle






















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