S HARI NATH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this batch of cases, the primordial question for consideration concerns the constitutionality of sub-clause (d) of Clause (2) of Article 323-A. Part XIV-A of the Constitution of India consisting of two Articles - 323-A and 323-B - was inserted by Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 3-1-1977. Clause (1) of Article 323-A confers power on Parliament to establish, by law, administrative tribunals for adjudication of disputes and complaints with regard to persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local authority or of Public Corporation controlled or owned by the Government. Sub-clauses (a) to (g) of Clause (2) speak of what the law made under Clause (1) may provide for. Sub-clause (d) of Clause (2) lays down mat the law made under Clause (1) may "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(l)". Clause (3) incorporatingnon-obefante clause mandates that the provisions of Article 323-A shall have effect not with standing any tiling in any other provision of the Constitution or in any other law for the time being in force.

(2.) The Administrative Tribunals' Act, 1985 (Act No. 13 of 1985) was enacted by Parliament in exercise of power under Article 323-A. The Act contains provisions for establishment of a Central Administrative Tribunal at the National level with Benches at several places and an Administrative Tribunal for each State or two or more States to exercise jurisdiction, powers and authority conferred under the Act. The tribunals at the State level are established only on receipt of a request in that behalf from any State Government (Section 4).

(3.) Section 6 of the Act lays down qualifications for appointment of Chairman, Vice-Chairman or other members. Under sub-section (1), a person who is or has been a Judge of a High Court is eligible to be appointed as,the Chairman. The Vice-Chairman could be a Judge of a High Court or Secretary to the Government of India with two years experience in that post or an Additional Secretary with five years experience or a member of the Administrative Tribunal with not less than three years of experience. Sub-sections (3) and (3-A) speak of qualifications for appointment to the post of judicial member and administrative member. The Chief Justice of Indiais required to be consulted in regard to the appointments of the Chairman, Vice-Chairman and members of the Tribunal. Sections 14 and 15 deal with jurisdiction, powers and authority of the Central Administrative Tribunal and State Administrative Tribunals respectively. The Tribunals are conferred with power to punish for contempt under Section 17. The procedure and powers of the Tribunals are dealt with in Section 22 and decisions are required to be given by majority as per Section 26. Section 27 forbids challenge to the orders of the tribunals in any High Court. Section 28 which excludes the jurisdiction of all Courts except the Supreme Court and industrial Courts, is in the following terms :