No Suit Maintainable Against Orders Passed By Statutory Authorities: Delhi HC [Read Judgment]
These can be challenged only by means of writ petitions under Articles 227 and/or 226 of the Constitution and not by way of the suit, the High Court held.
The Delhi High Court in Union Of India & Ors. Vs. Shri Ishwar Singh has held that a suit cannot be filed against orders that are passed by the statutory authorities under different statutes, and these can be challenged only by means of writ petitions under Articles 227 and/or 226 of the Constitution of India.
Justice Valmiki J. Mehta made this observation while dismissing a suit against the orders passed by the CISF, by allowing Regular Second Appeal preferred by Union of India.
Referring to Ghulam Abbas and Others Vs. State of Uttar Pradesh and Others (1982) 1 SCC 71 , the court observed: “A suit cannot be filed against the orders which are passed by the statutory authorities under different Statutes, and that if orders of the statutory authorities passed under respective Statutes have to be challenged, then theSE can be only challenged by means of proceedings in a writ petition under Articles 227 and/or 226 of the Constitution of India and not by way of the suit. I would also note that in suits which are filed challenging the orders of the statutory authorities under the CISF Act, a wrong practice has developed of evidence being led after framing of issues although evidence qua the charges/issues is already recorded before the departmental authorities and thus no evidence can thereafter be led again.”
It observed: “I would like to finally note that with respect to filing of a writ petition, the Limitation Act, 1963, strictly does not apply. Therefore even today, the respondent/plaintiff can challenge the orders passed by the statutory authorities in a writ petition. The delay in approaching the writ court can be explained by seeking exclusion of the period of proceedings of the present suit and the appeal on the principle contained in Section 14 of the Limitation Act. In view of the aforesaid discussion, the substantial question of law framed today is answered in favour of the appellant and against the respondent holding that the civil suit filed by the respondent/plaintiff challenging the orders passed by the statutory authorities under Section 8 and sub-Sections (1) to (3) of Section 9 of the CISF Act would be barred by the general principles of res judicata inasmuch as respondent/plaintiff has not challenged the orders of the statutory authorities by filing a writ petition in this court under Articles 227 and/or 226 of the Constitution of India and which orders have thus become final and binding.”
Read the Judgment here.