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TMI Blog2010 (11) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... report dated 31.3.1997. (B) The Appellant filed O.A. No. 715 of 2002 before the Tribunal on 5.8.2002 for quashing the Articles of charge dated 30. 11.1999 and subsequent proceedings on diverse grounds. In the said Original Application (hereinafter referred to as `O.A.'), the Appellant had made a specific averment that the charge memo dated 30.11.1999 was received by her only on 19.6.2002, as the copy of the same was furnished to her by the 3 rd Respondent i.e. the Enquiry Officer. Therefore, it had been contended by the Appellant that she had approached the Tribunal within limitation. However, taking abundant caution, she had also filed an application for condonation of delay. (C) The reply to the said application was filed by the Respondents therein on 18.10.2002, wherein it was contended that the order dated 30.11.1999 had been issued to the Appellant on 2.12.1999 by Registered Post with AD. (D) The Tribunal instead of proceeding with the matter on merit or deciding the issue of limitation, passed an order dated 15.11.2002 stating that the Appellant had made a false statement in the O.A. regarding limitation which was intentional and deliberate. Therefore, prima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 Rules) and the Appellant had not been given due opportunity to defend herself. The Tribunal did not decide the original application filed by the Appellant. The Tribunal picked up one of the pleadings taken by the Appellant treating it to be false and initiated the criminal contempt proceedings which is not permissible in law. Therefore, the order impugned is liable to be set aside. 5. There is none to oppose the appeal. We have considered the submissions made by learned Counsel for the Appellant. 6. The facts mentioned hereinabove make it clear that the Tribunal has not adjudicated upon the case filed by the Appellant at all. The Appellant had approached the Tribunal for quashing of the disciplinary proceedings initiated against her and the opposite party had raised the issue of limitation pointing out that she had been served the Articles of Charges at an earlier stage and the averment made by the Appellant in this regard was false. The Tribunal ought to have framed an issue on limitation, asked the parties to lead evidence and decide it on merit. It was totally unwarranted and uncalled for to initiate criminal contempt proceedings merely on the basis of the pleadings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd not merely because there is some inaccuracy in the statement which may be innocent or immaterial. There must be prima facie case of deliberate falsehood on a matter of substance and the Court should be satisfied that there is reasonable foundation for the charge.... 10. In Chandrapal Singh and Ors. v. Maharaj Singh and Anr. AIR 1982 SC 1238, this Court while dealing with a case of a false statement for the purposes of Sections 193 and 199 IPC held as under: ...When it is alleged that a false statement has been made in a declaration which is receivable as evidence in any Court of Justice or before any public servant or other person, the statement alleged to be false has to be set out and its alleged falsity with reference to the truth found in some document has to be referred to pointing out that the two situations cannot co-exist, both being attributable to the same person and, therefore, one to his knowledge must be false. Rival contentions set out in affidavits accepted or rejected by courts with reference to onus probandi do not furnish foundation for a charge under Section 199 IPC.......... Acceptance or rejection of evidence by itself is not a sufficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est of justice to inquire into the offence which appears to have been committed. 13. In the instant case, all the documents summoned by the Tribunal had not been produced before the Tribunal. More so, any document sent by Registered Post is presumed to have been received by the addressee in view of the provisions of Section 27 of the General Clauses Act, 1897 and Illustration (f) of Section 114 of the Indian Evidence Act, 1872, but every presumption is rebuttable. (Vide: Harihar Banerji v. Ramshashi Roy AIR 1918 PC 102 ; Gujarat Electricity Board and Anr. v. Atmaram Sugomal Postani AIR 1989 SC 1433; Shimla Development Authority and Ors. v. Santosh Sharma (Smt.) and Anr. (1997) 2 SCC 637; and Dr. Sunil Kumar Sambhudayal Gupta and Ors. v. State of Maharashtra JT 2010 (12) SC 287. 14. In such a fact-situation, the Appellant ought to have been given time to rebut this presumption and lead evidence to prove that she did not receive the said document as alleged by the opposite parties, and it was necessary to do so for the reasons we record later. 15. The Tribunal proceeded in great haste as the show cause notice was issued by the Tribunal on 15.11.2002 for initia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provide the following procedure: Rule 7. Initiation of proceedings: i) ............................. (ii) Every petition for 'Criminal Contempt' made in accordance with these rules and every information other than a petition, for initiating action for criminal contempt under the Act on being scrutinized by the Registrar shall first be placed on the administrative side before the Chairman in the case of the principal Bench and the concerned Vice Chairman in the case of other Benches or such other Member as may be designated by him for this purpose and if he considers it expedient and proper to take action under the Act, the said petition or information shall be registered and numbered in the Registry and placed before the Bench for preliminary hearing. (iii) When suo motu action is taken, the statement of facts constituting the alleged contempt and copy of the draft charges shall be prepared and signed by the Registrar before placing them for preliminary hearing. Rule 13. Hearing of the case and trial: (a) .......................... (b) ........................... (c) The Respondent shall be furnished with a copy of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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