1998 (12) TMI 567

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.... 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 servic....

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.... providing the appellant a Defence Assistant 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 l....

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.... 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 ....

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....s under the C.C.S. (C.C. & A.) Rules, 1965 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....