DR. H. MUKHERJEE versus S.K. BHARGAWA

DR. H. MUKHERJEE versus S.K. BHARGAWA

A civil suit for damages for harassment based on alleged tortious acts by a government superior does not fall within the exclusive jurisdiction of the Administrative Tribunal under Section 14 of the Administrative Tribunals Act, and therefore, civil courts have jurisdiction to entertain such suits.

Parties
Respondent: Dr. H. Mukherjee; Appellant: S.K. Bhargawa
Jurisdiction
India
Judgment Date
09 April 1996
Procedural Posture
Civil Appeal / Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Jurisdiction, Damages for Harassment, Service Matters
Administrative Law Tort Law Civil Procedure Jurisdiction Damages for Harassment Service Matters

Case Brief

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Parties

Dr. H. Mukherjee

Respondent

S.K. Bhargawa

Appellant

Procedural Posture

Civil Appeal / Supreme Court Decision

Legal Issues

  1. 1 Whether the jurisdiction of the civil court is barred by the Administrative Tribunals Act, 1985, in a suit for damages for harassment filed by a government employee against his superior officer

Ratio Decidendi

A civil suit for damages for harassment based on alleged tortious acts by a government superior does not fall within the exclusive jurisdiction of the Administrative Tribunal under Section 14 of the Administrative Tribunals Act, and therefore, civil courts have jurisdiction to entertain such suits.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed by the Supreme Court