1998 (12) TMI 567

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..... s 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 .....

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..... sistant of his choice from the stage at which his earlier Defence Assistant had ceased to act as Defence Assistant and to proceed there from. The respondent filed an appeal against thejudgment and decree of the learned District Judge, while the appellant filed cross-objections. On 2.1st March, 1997, the second appeal, filed by the respondent, was allowed. The learned Single Judge of the High Court .....

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..... 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 palp .....

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..... against the order of dismissal. Again the opinion expressed by the learned single Judge to the effect, "It is my firm conviction that in the present case the Civil Court cannot make a declaration under Section 34 of the Specific Relief Act as its jurisdiction has been taken by the special rules i.e.. CCS(CCA) Rules, 1965. Under the circumstances, it means a Civil Court does not have jurisdiction .....

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..... ond 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 opinion on the merits of the case. The parties shall bear their own costs in this appeal.
Case .....

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