Anupam Verma (Div. Bench) v. Shri Rajeev Nayan Choubey
2016-10-24
ANANT KUMAR, SATYENDRA SINGH CHAUHAN
body2016
DigiLaw.ai
JUDGMENT This petition has been moved by the petitioner for proceeding against the opposite parties, inter-alia, on the ground that the opposite parties have applied a wrong policy in the case of the petitioner which was said to be sent to the DGCA for its approval in January, 2016 and on that basis he was relegated to the next batch. The petitioner, who appears in person, states that the document which was not in existence, neither has been approved by the DGCA has been made applicable in respect of the petitioner and, therefore it shall be deemed to be a forged document for all purposes and if the forged document has been filed in the Court with a view to get a favourable order from this Court, then it is open for the Court to initiate criminal contempt proceedings. When the amended policy dated 4th January, 2016 was made applicable in respect of the petitioner, the petitioner filed Writ Petition No.4919 (MB) of 2016 challenging the application of the policy dated 4th January, 2016 on the ground that the same has not been approved by the DGCA and, accordingly, the same cannot be applied unless it is approved by the DGCA and this Court pass an order in Writ Petition on 16th March, 2016. In the said order, the petitioner's arguments were taken note of and it was indicated therein that clause 6.3.1(f) of the old policy dated 30th January, 2015 will apply. The opposite parties took note of the observation made by the Court and, thereafter proceeded in accordance with old policy dated 30th January, 2015 and the petitioner was relegated to the Hearing Board. The argument of the petitioner that the forged document was applied in his case does not appeal to reason as the document which has been applied against the petitioner was corrected by this Court on the instance of the petitioner and thereafter the opposite parties were directed to take decision in the light of the old manual dated 30th January, 2015. The only question which falls for our consideration is as to whether the document filed along with writ petition was filed to take advantage to get favourable order from this Court.
The only question which falls for our consideration is as to whether the document filed along with writ petition was filed to take advantage to get favourable order from this Court. The manual which was sought to be amended by virtue of the letter dated 2nd February, 2016 though makes a mention of the policy dated 4th January, 2016 but it is to be noted that the wrong application of the said policy was corrected by this Court and thereafter the petitioner was proceeded in accordance with old manual dated 30th January, 2015. It is not that any forged document was filed and the benefit was acquired by the opposite parties. The opposite parties have come forward with a case that there was a direction of the DGCA to amend the manual and in pursuance of the said direction, the manual was amended and the letter dated 2nd February, 2016 was sent to the DGCA as desired for making amendment in the manual and the manual has been accordingly amended after May, 2016. The wrong application of a provision by the opposite parties at their level does not go to indicate that some fraud has been played with this Court and some forged document has been filed in this Court. This Court can take cognizance of any document which has been filed before this Court. The filing of counter affidavit in respect of a document which has already been relied in the department does not give rise to dispute for taking cognizance by this Court. Moreover, in the circumstances when the document was wrongly applied in respect of the petitioner, the same stood corrected by virtue of the order of this Court on the instance of the petitioner who filed writ petition. The claim of the petitioner that the opposite parties have filed a forged document is not borne out from the record. In view of the above observation, we do not find any ground to entertain this petition. Accordingly, this application is dismissed. It is made clear that only the contempt petition has been decided in this petition.