AIR 1988 ANDHRA PRADESH 180 ::(1988) 1 Andh LT 145

Andhra Pradesh High Court

Hon'ble Judge(s): K. Bhaskaran , C.J. AND A. Lakshman Rao, Y. V. Anjaneyulu , JJ

Constitution of India , Art.226, Art.371D(7)— Andhra Pradesh Administrative Tribunal Order (1975) , Para.8(5), Para.14(2)— Service matter - Exclusion of jurisdiction of High Court - Scope - Petition under Art.226 for enforcement of order passed by Supreme Court is not barred. (1987) 2 APLJ (HC) 351 Reversed. The bar under Art.371-D of the Constitution and the Presidential Order of 1975 issued under clauses (3) and (4) thereof, does not oust the jurisdiction of the High Court to entertain a petition for enforcement or implementation of direction issued by the Supreme Court in service matter.(Para 7) Cl.(7) of Art.371-D of the Constitution ousts the jurisdiction of the High Court only with reference to matters which are subject to the exclusive jurisdiction, power or authority of the Administrative Tribunal. Under Art.371-D and the Presidential Order of 1975, no jurisdiction, power or authority has been conferred on the Administrative Tribunal to direct execution or implementation of its own orders. If the Tribunal has no jurisdiction, power or authority to direct the enforcement or implementation of its own orders or directions, much less would be its jurisdiction to direct the execution or implementation of an order passed by High Court or the Supreme Court. The High Court, therefore, would not be justified in di....