T. SUDHAKAR PRASAD ETC. versus GOVT. OF A.P. AND ORS.

Citation: [2000] SUPP. 5 S.C.R. 610 · Decided: 13-12-2000 · Supreme Court of India · Bench: A.S. ANAND · Disposal: Disposed off

Judgment (excerpt)

A 
B 
T. SUDHAKAR PRASAD ETC. 
v. 
GOVT. OF A.P. AND ORS. 
DECEMBER 13, 2000 
[DR. A.S. ANAND, CJ., R.C. LAHOTI AND 
K.G. BALAKRlSHNAN, JJ.] 
Administrative Tribunals Act, 1985-Section 17-Constitution of India, 
C 1950-Article 323·A(2)(b) and (g)-Contemptjurisdiction-Of Administrative 
Tribunal-After decision in L. Chandra Kumar v. Union of India-Whether 
survives-Held, yes-Section 17 was not declared ultra vires the Constitution 
in the decision- The Section is protected by sub-clause (b) and (g) of Clause 
(2) of Article 323-A. 
D 
A contempt application was filed under Section 17 of the Administrative 
Tribunals Act before the Administrative Tribunal for initiating contempt 
proceedings against the principal secretary for nouting its order. The State 
and the Principal Secretary filed writ petition before the High Court 
challenging the jurisdiction of the Tribunal in taking cognizance of the 
contempt case. In other appeal a contempt application was filed before High 
E Court for flouting the order of the Tribunal, without approaching the Tribunal 
u/s 17. 
High Court held that in view of the decision in L. Chandra Kumar's Case, 
Section 17 no more survives, and the Tribunal cannot exercise the contempt 
F jurisdiction under Section 17 as the same had become non-est under law; 
and that the petitioner cannot approach High Court directly, for contempt of 
subordinate court, but only by following the procedure as applicable to the 
contempt of subordinate courts provided under the provisions of Contempt of 
Court Act, 1971. Hence these appeals. 
G 
Allowing the appeals, the Court 
HELD : I.I. The Constitution Bench has not dedared the provisions of 
Article 323-A(2)(b) or Article 323-B(3)(d) or Section 17 of the Administrative 
Tribunals Act as ultra vires the Constitution. Clause 2(b) of Article 323-A 
H specifically empowers the parliament to enact a law specifying the jurisdiction 
610 
T. Sl:OHAKAR PRASAD v. GOVT. OF A.P. AND ORS. 
611 
and powers including the power to punish for contempt, being conferred on A 
administrative tribunals constituted under Article 323-A. Section 17 of the 
Act derives its legislative sanctity therefrom. The power of the High Court to 
punish for contempt of itself under Article 215 of the Constitution remains 
intact but the jurisdiction, power and authority to hear and decide the matters 
covered by sub-section (1) of Section 14 of the Act having been conferred on B 
the administrative tribunals, the jurisdiction of the High Court to that extent 
has been taken away and hence the same jurisdiction which vested in the High 
Court to punish for contempt of itself in the matters now falling within the 
jurisdiction of tribunals if those matters would have continued to be heard by 
the High Court has now been conferred on the administrative tribunals under 
Section 17 of the Act. The jurisdiction is the same as vesting in the High C 
Courts under Article 215 of the Constitution read with the provisions of the 
Contempt of Courts Act, 1971. The need for enacting Section 17 arose, firstly, 
to avoid doubts, and secondly, because the Tribunals are not "courts of record". 
While holding the proceedings under Section 17 of the Act, the tribunal 
remains a tribunal and so would be amenable to jurisdiction of High Court D 
under Article 226!227 of the Constitution subject to the well-established rules 
of self-restraint governing the discretion of the High Court to interfere with 
the pending proceedings and upset the interim or interlocutory orders of the 
tribunals. However, any order or decision of tribunal punishing for contempt 
shall be appealable only to the Supreme Court within 60 days from the date of 
the order appealed against in view of the specific provision contained in Section E 
19 of the Contempt of Courts Act, 1971 read with Section 17 of the 
Administrative Tribunals Act, 1985. Section 17 of Administrative Tribunals 
Act is a piece of legislation by reference. The provisions of Cotempt of Courts 
Act are not as if lifted and incorporated in the text of Administrative Tribunals 
Act (as is in the case of legislation by incorporation); they remain there where F 
they are yet while reading the provisions of Contempt of Courts Act in the 
context of Tribunals, the same will be so read as to read the word 'Tribunal' 
in place of the word 'High Court' wherever it occurs, subject to the 
modifications set out in Section 17 of the Administrative Tribunals Act. 
1624-D; 625-B-Hl 

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