H.MUKHERJI vs SWADESH KUMAR BHARGAVA

The Supreme Court held that the jurisdiction of civil courts is not ousted by the Administrative Tribunals Act, 1985 when the suit pertains to tortious acts committed by a government servant in their individual capacity, as opposed to their official capacity. The Court affirmed that the plaintiff's claim for damages due to harassment and mental pain does not fall under the purview of the Central Administrative Tribunal. Consequently, the appeal was dismissed, upholding the lower court's decision to entertain the suit.