STATE OF RAJASTHAN Vs. SHIV PRAKASH SHARMA

JUDGEMENT

(1.) This appeal was admitted on the following substantial questions of law-

(2.) As regards the jurisdiction of the Civil Court to deal with the matter the learned counsel for the appellant submits that in view of Sec. 10 of the Rajasthan Civil Services (Service matters Appellate Tribunals) Act, 1976, the Civil Court would have no jurisdiction because the matter squarely falls within the definition of service matters. The learned counsel for the respondent however, submits that since no order was passed cancelling the scale granted, no appeal could have been filed under Sec. 4 of the Appellate Tribunals Act. The lower courts have taken the view that since no appealable order was passed, it was not possible for the plaintiff to have filed an appeal before the Service Appellate Tribunals. Having gone through the record I also do not find any order specifically cancelling the order Ex.P/2 for the non compliance of which the suit has been filed. There is therefore no force in the contention that the Civil Court had no jurisdiction to entertain the suit.

(3.) As regards the second substantial question of law, it was argued on behalf of the appellant State that the District Ayurvedic Officer, Bhilwara was not competent to sanction senior grade of the Compounders to the plaintiff. The learned counsel for the respondent on the other hand submits that since an order was passed by a Govt. Officer so long as it is not withdrawn or cancelled it has to be implemented and is binding on the Govt. He submits that it is an internal matter for the Govt, to see whether the Officer who passed the order had authority to do so or not and if the Govt, finds that the order was unauthorised it could have cancelled it or withdrawn it by separate order and in that event the plaintiff would have chance to challenge it before Service Appellate Tribunal or could have come up against that order on merits before a Civil Court.