Civil Court Can’t Decide On Challenge To Orders Passed By CISF Disciplinary Authority: Delhi HC [Read Judgment]
The Delhi High Court in Union of India vs. Braham Pal Singh, has held that a 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.
Allowing the second appeal preferred by Union of India, the high court dismissed a suit filed by one Braham Pal Singh, challenging the orders passed by the statutory authorities under Sections 8 and 9 of the CISF Act.
Justice Valmiki J Mehta, referring to Union of India & Ors. Vs. Ishwar Singh, observed 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 the 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.
In Sh. Ishwar Singh case, the Delhi High Court had held 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.
Read the Judgment here.
This article has been made possible because of financial support from Independent and Public-Spirited Media Foundation.