A division Bench of Justices Vivek Kumar Birla and Donadi Ramesh observed,

“Since proceeding for contempt under Section 17 of the Act, 1985 is dealt with by the Bench of not less than two Members and the order passed under Section 17 of the Act, 1985 would be appealable before the Supreme Court only. Therefore, any order or decision of the Tribunal under the Act, 1971, shall be appealable only to the Supreme Court within 60 days from the date of the order.”

Section 17 of the Administrative Tribunals Act, 1985, grants authority to the Central Administrative Tribunal (CAT) to take action against contempt committed within its jurisdiction. Moreover, it stipulates that the Contempt of Courts Act, 1971, governs these proceedings, thereby ensuring the applicable legal framework for handling contempt cases within the tribunal's purview.

Following a prior order issued by the Central Administrative Tribunal (CAT), the petitioners appearing before the High Court were granted positions as regular assistant medical officers, accompanied by relevant benefits. However, alleging non-compliance by the authorities with the aforementioned order, the petitioners lodged a contempt petition before the CAT.

The respondent's counsel argued that the writ petition was not maintainable, citing Section 17 of the Administrative Tribunals Act, 1985, which confers the power to punish for contempt on the Central Administrative Tribunal (CAT), along with Section 19 of the Contempt of Courts Act, 1971, which governs appeals in contempt matters.

Initially, the High Court delineated between orders issued by the Tribunal pursuant to Section 14(1) of the Administrative Tribunals Act, 1985, and orders issued under Section 17 of the Contempt of Courts Act, 1971.

The High Court further clarified that since contempt proceedings under Section 17 of the Administrative Tribunals Act, 1985 are adjudicated by a bench comprising no fewer than two members, any resulting orders would be subject to appeal exclusively before the Supreme Court.

It was clarified that although High Courts retain jurisdiction under Article 226/227 for orders issued under Section 14(1) of the Administrative Tribunals Act, orders falling under Section 17 of the Act are appealable solely to the Supreme Court, as mandated by Section 19 of the Contempt of Courts Act.

“Section 19 of the Act, 1971 provides for appeal and by virtue of Section 17 of the Act, 1985, the word 'High Court' shall be read as 'Tribunal'. Accordingly, any order or decision of the Tribunal punishing for contempt is appealable under Section 19 of the Act to the Supreme Court only," the Court noted while dismissing the plea.