M. L. BEOHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision arises out of the order dated 13 -9 -89 passed by 5th Additional Judge to Court of District and Sessions Judge, Jabalpur in Execution Case No. 60 -A/81.

(2.) THE applicant (herein) had filed Civil Suit No. 60 -A/81 challenging the order compulsorily retiring him. The suit was dismissed on 31 -8 82 by 6th Addl. Judge to the Court of District Judge, Jabalpur. Against the said judgment and decree the applicant preferred First Appeal No. 167 of 82 in the High Court which was allowed by the judgment and decree dated 29 -8 -86 with the following directions:

(3.) SECTION 28 of the Act makes it clear that the jurisdiction of the civil Court has been ousted for entertaining civil matters concerning members of any service or persons appointed to any service or post. No doubt, the suit was one over which the civil Court had no jurisdiction. Under proviso to section 29 of the Act, the appeal which was pending in the High Court was saved and. therefore the High Court had the jurisdiction to decide the appeal. In section 29 of the Act suits or other proceedings pending before any Court stood transferred to the Tribunal. Therefore, all the proceedings in execution pending in any civil Court pertaining to the matters over which the Administrative Tribunal had jurisdiction stood transferred to the Tribunal as the civil Court had no jurisdiction to proceed with the execution after the appointed day except the proceedings pending in the High Court.