Section 25 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Bar of Jurisdiction of court

Bare section text

Official Legislative Text

25. No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Grievance Redressal Officer or the Designated Authority or the State Appellate Authority.

Educational Study Layer

Summary

Civil courts are completely blocked from handling questions or matters arising under this Act.
If a matter is required to be decided or determined by a Grievance Redressal Officer, Designated Authority, or the State Appellate Authority, a civil court cannot touch it.
Citizens and officers must use the administrative grievance and appeal channels provided by the Act instead of filing regular lawsuits in civil courts.

Practical examples

1Ramesh is unhappy because his application for a water connection was delayed, and the Grievance Redressal Officer rejected his complaint. Instead of appealing to the Designated Authority as the Act requires, Ramesh hires a lawyer and files a civil lawsuit in the local city civil court. Under Section 25 of the Act, the civil court judge must immediately dismiss the lawsuit because the court has no jurisdiction to handle matters that are assigned to the Act's officers.

2A Designated Authority imposes a five thousand rupee penalty on an officer named Mahesh under Section 23 of the Act. Mahesh wants to challenge this penalty. He files an injunction suit in a civil court to stop the department from deducting the money from his salary. The department's lawyer points to Section 25 of the Act, and the civil court dismisses Mahesh's suit because the court is barred from dealing with any matter that is determined by the authorities under the Act.

FAQ

1. Can I file a lawsuit in a civil court if my complaint under the Act is rejected?

No, under Section 25 of the Act, civil courts have no jurisdiction to settle or decide any matter that is meant to be handled by the Act's authorities.

2. Which authorities are designated to handle matters under the Act instead of civil courts?

Under Section 25 of the Act, the Grievance Redressal Officer, the Designated Authority, and the State Appellate Authority are the bodies authorized to decide these matters.

3. What does the term "bar of jurisdiction" mean under Section 25 of the Act?

It means that the law legally blocks civil courts from hearing, deciding, or dealing with any disputes or questions that fall under this Act.

Practice Quiz

Q1.An applicant wants to challenge a decision made by a Designated Authority regarding a delayed service. Under Section 25 of the Act, can they file a regular lawsuit in a local civil court?

Q2.Under Section 25 of the Act, which of the following bodies is NOT one of the authorized entities whose matters are protected from civil court interference?

Q3.A civil court receives a petition from an officer who was penalized under Section 23 of the Act. What must the civil court do under Section 25 of the Act?

Q4.Why does Section 25 of the Act bar civil courts from handling complaints or appeals under this Act?

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