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Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, VAMAN RAO
Government Of A.P.rep.by Principal Secretary to Government, Irrigation, CAD DEPARTMENT - Appellant
Versus
K.ANANTHA REDDY - Respondent
Decided On : 08-17-98
Constitution (42nd Amendment) Act, 1976 - Section 46- Administrative tribunals Act, 1985 –Contempt jurisdiction - Parliament to set up Administrative tribunals to deal with service matters- Article 323-B provides power to the appropriate Legislatures for formation of Tribunals for other matters stated therein. We are not here concerned about Article 323-B - whether the subordinate Courts/tribunalsin the State are also Courts of Record –Held, no court/tribunal lower than the High Court could be the Court of Record. But, because of the evolution of law, it is now clear that in the State, while the high Court is the Superior Court of Record, the Courts/tribunals the subordinate to it are the inferrior Courts of Record. Then further question arises as to whether inferior Courts of Record in the State can punish for contempt of themselves i. e. , Courts/tribunals subordinate to the High Court - contempt power can be exercised by the Administrative Tribunal subject to judicial review of the said exercise by this Court under Article 226 of the Constitution, for the same reason that if the contempt power is exercised by the Administrative Tribunal, this Court s jurisdiction is barred, as there is a right of appeal to the Supreme Court under Section 19 of the Contempt of Courts Act, 1971 and the power which is intended for exercise, as of right, by the Supreme Court of India can never be usurped by the High Court under the guise of exercising the jurisdiction under Articles 226/227 of the constitution of India - Petitioner to approach this Court only by following the procedure as applicable to the contempts of subordinate Courts provided under the provisions of contempt of Court Act, 1971 and the rules made thereunder by the andhra Pradesh High Court and not directly –Petition allowed
( 1 ) A piquant situation has arisen regarding continual of power of contempt in the Administrative Tribunals constituted under the Administrative tribunals Act, 1985 in the aftermath of the judgment of the Supreme Court in L. Chandra Kumar vs. Union of India1.
( 2 ) BY Section 46 of Constitution (42nd Amendment) Act, 1976,part XIV-A was inserted in the Constitution consisting of Articles 323-A and b. While Article 323-A enables the Parliament to set up Administrative tribunals to deal with service matters, Article 323-B provides power to the appropriate Legislatures for formation of Tribunals for other matters stated therein. We are not here concerned about Article 323-B.
( 3 ) ARTICLE 323-A of Constitution reads:323-A. Administrative Tribunals :- (1) Parliament may, by law, provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect of recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of india or of any corporation owned or controlled by the Government. (2) A law made under clause (1) may (a) provide for the establishment of an Administrative Tribunal for the Union and a separate Administrative Tribunal for each State or for two or more States ; (b) specify the jurisdiction, powers (including the power to punish for contempt) and authority which may be exercised by each of the said Tribunals. (c) provide for the procedure (including provisions as to limitation and rules of evidence ) to be followed by the said Tribunals : (d) exclude the jurisdiction of all Courts, except, the jurisdiction of the Supreme Court under Article 136, with respect to the disputes or complaints referred to in clause (1) ; (e) provide for the transfer to each such Administrative Tribunal of any cases pending before any Court of other authority immediately before the establishment of such Tribunal as would have been within the jurisdiction of such Tribunal if the causes of action on which such suits or proceedings are based had arisen after such establishment; (f) repeal or amend any order made by the President under clause (3) of Article 371-D ; (g) contain such supplemental, incidental and consequential provisions (including provisions as to fees ) as Parliament may deem necessary for the effective functioning of, and for the speedy disposal of cases by, and the enforcement of the orders of, such tribunals. (h) The provisions of this Article shall have effect notwithstanding anything in any other provision of this Constitution or in any other law for the time being in force. "
( 4 ) IN exercise of the powers under Article 323-A (1), the Parliament hadenacted the Administrative Tribunals Act, 1985 enabling to set-up administrative Tribunals - Central Tribunal to deal in service matters relating to Central Government and other allied authorities and State Tribunals to deal with service matters relating to the services of the State and allied authorities. The Andhra Pradesh Administrative Tribunal is the State Tribunal, whose judgments are subject matter in these cases touching upon the existence or otherwise of contempt jurisdiction of the said Tribunal.
( 5 ) THE State of Andhra Pradesh has filed the Writ Petition No. 34841 of1998 impugning the action of A. P. Administrative Tribunal in taking cognizance of the contempt case filed in C. A. No. 562 of 1996 in O. A. No. 35574 of 1991. The Contempt Case No. 1054 of 1998 has been straightway lodged before this Court, without invoking the jurisdiction of the Tribunal under Section 17 of the Administrative Tribunals Act, complaining of non- compliance of the order dated 31-10-1997 passed by the Tribunal in O. A. No. 6663 of 1997. The contentions raised by both the petitioners - Writ and contempt - are similar to the effect that in view of t
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