Proceedings before a Tribunal to be judicial proceedings

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

1. T. Sudhakar Prasad vs Govt. of A. P

   Supreme Court of India 13 Dec 2000 Binding (SC) - Landmark Constitution Bench precedent for all Indian courts

   Court's Decision & Legal Precedent

   Administrative Tribunals established under the Administrative Tribunals Act, 1985 possess the constitutional and statutory power under Article 323-A(2)(b) of the Constitution and Section 17 of the Act to punish for contempt of themselves. This power is not rendered unconstitutional or otiose by the L. Chandra Kumar judgment. Although Administrative Tribunals are subordinate to High Courts for purposes of Articles 226/227 (judicial review and judicial superintendence), such subordination pertains to judicial supervision of tribunal decisions on substantive matters within Section 14(1), and does not extinguish the tribunal's independent contempt jurisdiction conferred by Article 323-A(2)(b) and Section 17. Orders of tribunals punishing for contempt are appealable exclusively to the Supreme Court under Section 19 of the Contempt of Courts Act, 1971 (read with Section 17 of the Administrative Tribunals Act) within 60 days, and not subject to High Court's Articles 226/227 jurisdiction. The distinction between jurisdictional conferment and subordination is critical: transfer of jurisdiction from High Court to tribunal makes the tribunal an additional or supplemental forum exercising the same jurisdiction in matters falling within Section 14(1), but does not assign the tribunal constitutional status equivalent to a High Court. Contempt jurisdiction, essential for enforcing tribunal orders and maintaining judicial dignity, is protected by the constitutional scheme and is necessary for the effective functioning of administrative tribunals as alternative, fast-track adjudicatory systems.

   On this section: Declares tribunal proceedings to be judicial proceedings under Sections 193, 219 and 228 of IPC. The Court clarified this is merely declaratory and does not exclude the contempt jurisdiction under Section 17

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The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.