Appeal Against CAT Order in Contempt Proceedings

• 02 Apr 2024

Why in News?

Recently, the Allahabad High Court has held that an appeal against an order of the Central Administrative Tribunal while exercising its contempt jurisdiction under Section 17 of the Administrative Tribunals Act 1985 lies before the Supreme Court under Section 19 of the Contempt of Courts Act, 1971.

• The Court held that no such order can be challenged before the High Court under Article 226 of the Constitution of India.

Key Points

• The Central Administrative Tribunal was established under Article 323 - A of the Constitution.
  • It provides for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
  • There are 19 Benches in the CAT all over India.
  • The CAT is a specialist body consisting of Administrative Members and Judicial Members who by virtue of their specialized knowledge are better equipped to dispense speedy and effective justice.
    • A Chairman who has been a sitting or retired Judge of a High Court heads the CAT.

Article 226 of the Constitution

• Article 226 of the Constitution empowers a high court to issue writs including habeas corpus, mandamus, certiorari, prohibition and quo warranto for the enforcement of the fundamental rights of the citizens and for any other purpose.
  • The phrase ‘for any other purpose’ refers to the enforcement of an ordinary legal right. This implies that the writ jurisdiction of the high court is wider than that of the SC.
    • This is because the SC can issue writs only for the enforcement of fundamental rights and not for any other purpose, that is, it does not extend to a case where the breach of an ordinary legal right is alleged.
• The high court can issue writs to any person, authority and government not only within its territorial jurisdiction but also outside its territorial jurisdiction if the cause of action arises within its territorial jurisdiction.