Section 17 of the Administrative Tribunals Act, 1985 - Power to Punish for Contempt
Section 17 of the Administrative Tribunals Act, 1985 gives an Administrative Tribunal the same jurisdiction, powers and authority in respect of contempt of itself as a High Court, subject to the modifications expressly stated in the section. The provision operates together with the Contempt of Courts Act, 1971.
In brief: The Central Administrative Tribunal can initiate and decide contempt proceedings concerning contempt of the Tribunal. For this purpose, the Contempt of Courts Act, 1971 applies with the statutory substitutions made by Section 17 of the Administrative Tribunals Act, 1985.
Text and effect of Section 17
Section 17 provides that a Tribunal has and exercises the same jurisdiction, powers and authority in respect of contempt of itself as a High Court. For that purpose, the provisions of the Contempt of Courts Act, 1971 apply with specified modifications.
The principal modifications are:
- A reference in the Contempt of Courts Act, 1971 to a "High Court" is to be read as including a reference to the Tribunal.
- For Section 15 of the Contempt of Courts Act, 1971, the reference to the Advocate-General is adapted for proceedings before the relevant Administrative Tribunal.
Modification relating to the law officer
In relation to the Central Administrative Tribunal, the reference to the Advocate-General in Section 15 of the Contempt of Courts Act, 1971 is read as a reference to the Attorney-General, the Solicitor-General or an Additional Solicitor-General.
In relation to a State Administrative Tribunal or a Joint Administrative Tribunal, the reference is read as a reference to the Advocate-General of the relevant State, or of any of the States for which the Joint Administrative Tribunal has been established.
What is contempt for the purpose of Section 17?
Section 17 does not create a separate definition of contempt. The relevant definitions are contained in the Contempt of Courts Act, 1971.
| Expression | Meaning in substance |
|---|---|
| Civil contempt | Wilful disobedience of a judgment, decree, direction, order, writ or other process of a court, or wilful breach of an undertaking given to a court. |
| Criminal contempt | Publication or conduct falling within the statutory categories that scandalise or lower the authority of a court, prejudice or interfere with judicial proceedings, or otherwise obstruct the administration of justice. |
Important procedural points
1. Contempt jurisdiction is tied to the Tribunal itself
Section 17 concerns contempt of the Administrative Tribunal. It equips the Tribunal with High Court-like contempt authority for protecting its proceedings, orders and institutional administration of justice.
2. The Contempt of Courts Act, 1971 governs the proceeding
The statutory framework of the Contempt of Courts Act, 1971 applies to Tribunal contempt proceedings subject to the substitutions made by Section 17. Relevant provisions may include the definitions in Section 2, punishment under Section 12, cognizance of criminal contempt under Section 15, procedure after cognizance under Section 17 of the 1971 Act, and limitation under Section 20.
3. CAT contempt rules also regulate filing and procedure
Proceedings before the Central Administrative Tribunal are also regulated by the Contempt of Courts (CAT) Rules, 1992 and the Tribunal's applicable procedural and practice rules. A contempt petition should therefore be prepared in the form and manner required by the current CAT rules and filing system.
4. Limitation requires attention
Section 20 of the Contempt of Courts Act, 1971 places a one-year restriction on initiation of contempt proceedings from the date on which the alleged contempt was committed. The application of limitation can depend on the facts and the nature of the alleged contempt.
Practical point: A contempt petition is not a substitute for an appeal, review or fresh adjudication on the merits of the original dispute. The issue is ordinarily whether conduct amounts to contempt under the governing law, including where wilful disobedience of a binding direction is alleged.
Related provisions of the Administrative Tribunals Act, 1985
- Section 14 - Jurisdiction, powers and authority of the Central Administrative Tribunal
- Section 15 - Jurisdiction, powers and authority of State Administrative Tribunals
- Section 16 - Jurisdiction, powers and authority of a Joint Administrative Tribunal
- Section 18 - Distribution of business amongst the Benches
- Section 19 - Applications to Tribunals
- Section 20 - Application not to be admitted unless other remedies are exhausted
Official legal resources
For the current statutory text, amendments and connected rules, refer to the official sources below:
- India Code - Administrative Tribunals Act, 1985
- India Code - Contempt of Courts Act, 1971
- Central Administrative Tribunal - Official e-filing portal
This page provides general legal information. For filing, limitation, maintainability or case-specific strategy, the applicable statute, rules, judicial decisions and current CAT filing requirements should be checked for the particular matter.