CONTEMPT OF COURT PROCEEDINGS Vs. K S SETHI

JUDGEMENT

(1.) Notice has been issued, suo motu, by this Court to the contemner K. S. Sethi, when it was brought tohe notice of this Court by Shri R. L. Gupta, Sub Judge 1st Class, Delhi that the contemner had issued a copy of the notice under section 80 of the Code of Civil Procedure charging him as well as B. C. Misra, J. with dishonestly discharging their official duties, "putting off all judicial clothes" and "becoming quite naked" for "rendering dishonestly undue favour to Shri H. K. Bansal, Deputy Secretary, Ministry of Foreign Trade, Udyog Bhavan, New Delhi". Copies of the said notice under section 80 Civil Procedure Code. were addressed to (1) the Secretary, Ministry of Home Affairs, Government of India, New Delhi, (2) the Chief Secretary, Delhi Administration, Old Secretariat, Delhi, (3) Shri H. K. Bansal, Deputy Secretary, Ministry of Foreign Trade. Udyog Bhavan, New Delhi, (4) B. C. Misra, J. and (5) Shri R. L. Gupta, Sub Judge 1st Class, Delhi.

(2.) The facts which led to the issue of such notice under section 80 Civil Procedure Code. by the contemner may be briefly noticed. In a declaratory suit, at the instance of the contemner, against the Union of India and two others the contemner had filed an application with regard to the admissibility of an affidavit put in on behalf of the opposite party by Shri H. K. Bansal which was dismissed by the trial Judge and against which an unsuccessful revision was preferred to this Court. After dismissal of the revision by B. C. Misra, J., the above-said notice under section 80 C, P. C. was issued by the contemner, this act was reported to this Court by Shri R. L. Gupta.

(3.) The dismissal by the trial Judge of the contemner's application concerning the above-said affidavit was on the ground that there was no material to hold that the affidavit was false.