J S KAPOOR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has been an Upper Division Clerk as a Civilian in the Western Command of Ministry of Defence, Government of India, New Delhi. He was last serving under Chief Engineer, Defendant No. 2 at Delhi. On 24th October, 1967 he proceeded on leave and according to him while he was in bed on medical leave he received one movement order dated 9th November, 1967 informing him that he had been transferred from Delhi to Nasirabad under the Garrison Engineer, Nasirabad, defendant No. 3. The petitioner challenged the movement order on various grounds and filed a suit for mandatory injunction against the defendants-respondents to allow him to join his duties at Delhi office of the Chief Engineer, Delhi Zone, Delhi Cantt. defendant No 2. The suit was dismissed on 3rd October, 1977 by the trial court. The petitioner filed an appeal which is pending before the Addl. District Judge.

(2.) During the pendency of the appeal the petitioner filed an application under Order 41 Rule 27 read with Section 151 of the Code of Civil Procedure (for short 'the Code') for leave to file a letter dated 30th July, 1982 written by the Chief Engineer, Delhi Zone, Delhi Cantt. to the Army Headquarters, E-in-C's Branch, Defence Headquarters, New Delhi on the ground that the said letter had come into existence after the filing of the appeal that it was material for the decision of the case and on various other grounds. In rep ly the Union of India resisted the filing of the said letter on the grod that the document was privileged document under Sections 123, 124 and 125 of the Evidence Act.

(3.) The defendant-Union of India also filed an application under Sections 123 and 124 of the Indian Evidence Act, alleging that the said document to be produced by the respondent was unpublished official confidential record relevant to affairs of the State and therefore the respondent-Union of India could not be compelled to produce the same in court. The petitioner in reply refuted the claim of the respondent. The Additional District Judge by the impugned order dated 1st June, 1984 held that the letter in question was an official communication from one Officer to another Officer and that the defendant No. 3 was entitled to claim privilege. The petitioner has thus filed this revision under Section 115 of the Code.