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september 1989

Supreme Court of India · 1989-09-06

S.S. RATHORE vs STATE OF MADHYA PRADESH

Citation / case number
SC 1984/68493
Court
Supreme Court of India
Petitioner
S.S. RATHORE
Respondent
STATE OF MADHYA PRADESH
Bench
VENKATARAMIAH, E.S. (CJ),MUKHARJI, SABYASACHI ,MISRA RANGNATH,OZA, G.L. & RAY, B.C. ,SINGH, K.N. & NATRAJAN, S.

Judgment text excerpt

The Supreme Court held that the cause of action for a government servant arises not from the original adverse order but from the order of the higher authority disposing of the appeal or representation, as per the principles established in service law. The Court overruled Sita Ram Goel v. The Municipal Board, Kanpur, [1959] SCR 1148, and emphasized that the jurisdiction of courts is now often barred in favor of tribunals, thus merging the dismissal order of the Collector with that of the Divisional Commissioner. The Court remanded the matter for trial, stating that grievances must be addressed expeditiously by departmental authorities.

S.S. RATHORE vs STATE OF MADHYA PRADESH · Niyam