Andhra HC (PreTelangana) Sakinala Hari Nath And Ors. vs State Of Andhra Pradesh And Ors. on 26 October, 1993 Equivalent citations: 1993(3)ALT471 JUDGMENT M.N. Rao, J. 1. In this batch of cases, the primordial question for consideration concerns the constitutionality of Subclause (d) of Clause (2) of Article 323A. Part XIVA of the Constitution of India consisting of two Articles 323A and 323B was inserted by Section 46 of the Constitution (42nd Amendment) Act, 1976 with effect from 311977. Clause (1) of Article 323A 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. Subclauses (a) to (g) of Clause (2) speak of what the law made under Clause (1) may provide for. Subclause (d) of Clause (2) lays down that 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 (1)". Clause (3) incorporating nonobstante clause mandates that the provisions of Article 323A shall have effect notwithstanding anything 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 323A. 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, ViceChairman or other members. Under Subsection (1), a person who is or has been a Judge of a High Court is eligible to be appointed as the Chairman. The ViceChairman 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. Subsections (3) and (3 A) speak of qualifications for appointment to the post of judicial member and administrative member. The Chief Justice of India is required to be consulted in regard to the appointments of the Chairman, ViceChairman 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: "Exclusion of jurisdiction of Courts except the Supreme Court under Article 136 of the Constitution. On and from the date from which any jurisdiction, power and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of any Service or persons appointed to any Service or post, no Court except (a) the Supreme Court; or (b) any Industrial Tribunal, Labour Court or other authority constituted under the Industrial Disputes Act, 1947 or any other corresponding law for the time being in force, shall have, or be entitled to exercise any jurisdiction, power or authority in relation to such recruitment or matters concerning such recruitment or such service matters." Section 29 relates to transfer of pending cases at the time of the constitution of the tribunals. 4. The Central Administrative Tribunal was established on 171985 and on 111986, State Administrative Tribunals were established in several States. 5. In the State of Andhra Pradesh, under Act No. 13 of 1985, the State Administrative Tribunal was set up only with effect from 1111989 due to certain special reasons. Prior to that, a separate tribunal set up under the A.P. Administrative Tribunal Order, 1975 was functioning in the State of Andhra Pradesh with effect from 6th July, 1976. The coming into force of the State Reorganisation Act had resulted in the extinction of the PartB State of Hyderabad. The employees of the erstwhile Hyderabad Government working in the territories (Telangana area) which become pa