K VEMBU Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) THIS Contempt Petition is filed by the petitioner for punishing the respondent for violating the order of the Administrative Tribunal filed under Section 17 of the Administrative Tribunals Act, 1985. Under Section 17, the power to punish for contempt has been vested on the Administrative Tribunal incorporating the provisions of the Contempt of Courts Act, 1971. As against the order passed by the Tribunal in a contempt petition, an appeal lies only to the Supreme Court in terms of Section 19(2) of the Contempt of Courts Act, 1971.

(2.) THE Supreme Court in L.Chandra Kumar Vs. Union of India and others reported in (1997) 3 SCC 261 has held in paragraphs 93 and 94 as follows:

(3.) THE Tribunal also cannot be treated as the Court subordinate to the High Court in terms of Section 10 of the Contempt of Courts Act, 1971. THErefore, this court is unable to entertain the contempt petition filed by the petitioner arising out of the alleged disobedience of the order of the Tribunal in the absence of any legal provisions enabling to deal with it.