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december 1986

Supreme Court of India · 1986-12-20

P. SAMBAMURTHY & ORS. ETC. ETC. vs STATE OF ANDHRA PRADESH & ANR.

Citation / case number
SC 1971/60316
Court
Supreme Court of India
Petitioner
P. SAMBAMURTHY & ORS. ETC. ETC.
Respondent
STATE OF ANDHRA PRADESH & ANR.
Author
BHAGWATI, P.N. (),MISRA RANGNATH,KHALID, V. ,OZA, G.L. ,DUTT, M.M.
Bench
BHAGWATI, P.N. (CJ),MISRA RANGNATH,KHALID, V. ,OZA, G.L. ,DUTT, M.M.

Judgment text excerpt

The Supreme Court held that the Proviso to Clause (5) of Article 371-D, which allows the State Government to modify or annul orders of the Administrative Tribunal, is unconstitutional as it undermines the principles of justice and the rule of law. The Court emphasized that a party to the litigation should not have the authority to override the Tribunal's decisions, which violates the basic concept of justice. Consequently, the Court quashed the orders made by the State Government under this Proviso, reaffirming the independence of the Administrative Tribunal.

P. SAMBAMURTHY & ORS. ETC. ETC. vs STATE OF ANDHRA PRADESH & ANR. · Niyam