UNION OF INDIA Vs. BRAHAM PAL SINGH

JUDGEMENT

(1.) On 30.9.2016, the following order was passed inasmuch as it was found that the civil court would not have jurisdiction as per the ratio of the judgment in the case of Union of India & Ors. Vs. Shri Ishwar Singh RSA No. 26/2016 decided on 5.9.2016:-

(2.) A reference to the ratio of the judgment in the case of Shri Ishwar Singh (supra) shows that since disciplinary proceedings of employees of CISF are statutory proceedings under Sections 8 and 9 of the CISF Act, 1968, hence such decisions of statutory authorities achieve finality unless they are challenged by means of filing of a writ petition in this Court under Article 226 and/or Article 227 of the Constitution of India. It has also been held in Shri Ishwar Singh's case (supra) that once the decisions of the statutory authorities under Sections 8 and 9 of the CISF Act are not challenged by filing of a writ petition, such decisions operate as res judicata in view of the general nature of the principles of res judicata as held in the judgment of the Supreme Court reported as Gulam Abbas and Others Vs. State of Uttar Pradesh and Others (1982) 1 SCC 71. In Shri Ishwar Singh's case (supra) reference has been made to Rule 57 of the CISF Rules framed under the CISF Act which bars the jurisdiction of the civil court. The relevant paras of the judgment of this Court in Shri Ishwar Singh's case (supra) are paras 2 to 14, and which paras read as under:-

(3.) In view of the above, this appeal has to be allowed by framing and answering the substantial question of law that the suit filed by the respondent/plaintiff would be barred because civil court would have no jurisdiction to try and decide a challenge to the orders passed by the disciplinary/statutory authorities under Sections 8 and 9 of the CISF Act.