9911796707
TMI Blog1998 (12) TMI 567X X X X Extracts X X X X X X X X Extracts X X X X ..... 80 of 1998 - - - Dated:- 4-12-1998 - ANAND, A.S. (DR.), KHARE, V.N. AND SRINIVASAN, M, JJ. JUDGMENT Leave granted. The appellant was proceeded against Departmentally when the Inquiry Officer found him guilty of the charges framed against him and submitted his report dated 17th November, 1992 to the Disciplinary Authority. After issuance of show cause notice to the appellant seeking his reply, the Disciplinary Authority agreed with the Inquiry Officer and dismissed the appellant from service vide Memo dated 12th February. 1993. The order of dismissal was put in issue by the appellant by instituting a civil suit for declaration that the order of dismissal from service was void and illegal and that the appellant was entitled to be r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il suit stood ousted. It is against the above judgment and order of the learned single Judge of the High Court that the present appeal has been filed by special leave. We have heard Mr. P.K. Goswami, learned Senior Counsel on behalf of the appellant and Ms. Sumeet Kaur, learned counsel on behalf of the respondents. The opinion expressed by the learned single Judge to the effect that in view of C.C.A. Rules, the jurisdiction of the civil court is ousted from dealing with an order passed by the disciplinary authority which can be questioned under the service rules and that even after recourse is had to the Departmental proceedings recourse can only be to file a writ petition is palpably erroneous. The learned single Judge readily accept ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gle Judge does violence both to the code of Civil Procedure, the Specific Relief Act and the Service Rules. As a matter of fact it appears to us that the learned single Judge failed to exercise the jurisdiction vested in him while non-suiting the appellant. It, therefore, appears appropriate to us to allow this appeal, set aside the order of the learned single Judge and remit the matter to the High Court for a fresh decision of the regular second appeal and the cross objections on their own merits. The appeal, therefore, succeeds and is allowed. The RSA and cross objections are remitted to the High Court for fresh disposal on merits in accordance with law. We clarify that nothing said hereinabove shall be construed as any expression of op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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