SRI RAMENDRA KISHORE BISWAS versus THE STATE OF TRIPURA AND ORS.

SRI RAMENDRA KISHORE BISWAS versus THE STATE OF TRIPURA AND ORS.

The Central Civil Service (Classification, Control & Appeal) Rules, 1965, do not expressly or impliedly oust the jurisdiction of civil courts in service matters. The High Court erred in holding that civil courts had no jurisdiction; as such, the judgment of the High Court is set aside and the matter is remitted for fresh disposal on merits.

Parties
Appellant: Sri Ramendra Kishore Biswas; Respondents: The State of Tripura and Ors.
Jurisdiction
India
Judgment Date
04 December 1998
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From High Court Second Appeal
Outcome
Appeal allowed. Order of the High Court set aside. Matter remitted to High Court for fresh disposal on merits.
Legal Topics
Jurisdiction of Civil Courts, Departmental Enquiry, Order of Dismissal, Specific Relief Act, Central Civil Service (classification, Control & Appeal) Rules, 1965
Service Law Jurisdiction of Civil Courts Departmental Enquiry Order of Dismissal Specific Relief Act Central Civil Service (classification, Control & Appeal) Rules, 1965

Case Brief

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Parties

Sri Ramendra Kishore Biswas

Appellant

The State of Tripura and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From High Court Second Appeal

Legal Issues

  1. 1 Whether the Central Civil Service (Classification, Control & Appeal) Rules, 1965 oust the jurisdiction of civil courts to deal with orders passed by disciplinary authorities.
  2. 2 Whether the High Court erred in holding that civil courts have no jurisdiction in service matters governed by the CCS (CCA) Rules, 1965.

Ratio Decidendi

The Central Civil Service (Classification, Control & Appeal) Rules, 1965, do not expressly or impliedly oust the jurisdiction of civil courts in service matters. The High Court erred in holding that civil courts had no jurisdiction; as such, the judgment of the High Court is set aside and the matter is remitted for fresh disposal on merits.

Court Disposition

Appeal allowed. Order of the High Court set aside. Matter remitted to High Court for fresh disposal on merits.

Orders

  • Set aside the order of the learned Single Judge of the High Court.
  • Remit the matter to the High Court for fresh decision of the regular second appeal and cross objections on their own merits.