Chhatrapal v. M. P. State Road Transport Corporation
2002-02-13
A.K.MISHRA
body2002
DigiLaw.ai
JUDGMENT The petitioner filed the writ petition that he retired on 30.6.1987. His entire outstanding dues have not been paid to him. He served a legal notice Annexure P-I, Petitioner Claimed interest @ 18% p.a. on the retiral dues. Writ petition was admitted on 25.7.2001. Notice was issued. The matter came up before this Court again on 28.11.2001. It was submitted before this Court that petitioner retired in 1987 yet retirement dues have not been paid. Position was disputed. Case was ordered to be listed in the next month. On 14.12.2001, this Court, after hearing counsel for the parties, passed an order that, return is not filed. Petitioner retired in the year 1987. In the facts in the case, retiral dues have not been paid. Respondents shall be entitled to pay all retiral dues within one month. Case was ordered to be listed in the first week of January. Case came up on 4.1.2002. An application was filed on 4.1.2002 by the MPSRTC for dismissing the petition on the ground that entire retiral dues were paid to the petitioner by issuing cheques on different dates between the period from 1.10.1987 to 18.7.1989. Provident fund amount was also paid to him. Since a fire took place in the year 1989 in the Central Work-Shop, taking the advantage, petitioner had filed the writ petition feeling that record may have been destroyed in such fire; however, in the establishment department, it was found that entire amount has been paid to him long back 12 years ago. Details of payment have been filed along with the application duly certified by the Accounts Officer, MPSRTC Central Officer, Gwalior. It indicates that payment was already made to the petitioner way back in the year 1987-88 and nothing remained to be paid thereafter. Copy of this application was supplied to the petitioner, on 4.1.2002. The learned counsel for the petitioner, at the outset, appeared today and prayed for withdrawal of the writ petition to which learned counsel for the respondent has raised serious objection and submits that the procedure of this Court was misused by the petitioner, as such he should not be allowed to go scot free. One the jurisdiction was invoked, false affidavit was filed and by filing false affidavit, an attempt was made to secure monetary benefit. The petitioner does not want to pursue with the writ petition and wants to withdraw it.
One the jurisdiction was invoked, false affidavit was filed and by filing false affidavit, an attempt was made to secure monetary benefit. The petitioner does not want to pursue with the writ petition and wants to withdraw it. The fact remains which cannot be overlooked that petitioner had filed false affidavit before this Court. Petitioner is unable to controvert the allegations made in the application and thus it is clear that retiral dues were paid to the petitioner way back in the year 1987-88 and still he invoked jurisdiction of this Court by filing false affidavit. Petitioner has thus rendered himself liable for proceedings under Contempt of Courts Act for misleading the Court. By filing false and fradulent affidavit he has prima facie committed an offence punishable under section 193 of Indian Penal Code. In the circumstances, the writ petition is dismissed. However contempt proceedings be registered against the petitioner. A show cause notice was issued to the petitioner why he should not be punished for committing contempt of this Court and also why criminal proceedings should not be directed against him for filing false affidavit before this Court. Petitioner is directed to be present before this Court to file explanations as per the date as fixed by the office in contempt proceedings.