Scope of revision petition
Daljit Singh Mann
(Querist) 11 September 2014
This query is : Resolved
'A' a Government employee received the chargesheet on dated 25-03-2014 and challenged the same by way of filing the civil suit on dated 16-07-2014 ( Approximately 3 months after the receiving of said chargesheet) along with application u/s 80 (2) of CPC claiming that matter is of urgent nature. Hon'ble trial court allowed this application on the very next day (17-07-2014) of filing the suit. Now, respondent department has decided to file the revision petition against the order of trial court passed on dated 17-07-2014. Please suggest me is it right action or also suggest me what will be the scope/ future of this revision petition ?
venkatesh Rao
(Expert) 11 September 2014
I am afraid whether the civil court can ever have jurisdiction to entertain suits and other like proceedings in respect of the matters like yours under service law. Remedy, if any, could be by challenging the charge sheet by way of writ before the high court.
Raj Kumar Makkad
(Expert) 12 September 2014
Revision in such case is permissible and it can also be got allowed keeping in view the jurisdiction of the civil court to entertain the matter of charge-sheet.