A N JINDAL Vs. P L CHHABRA

JUDGEMENT

(1.) Shri A. Jindal, Magistrate 1st Class Delhi, has made a reference under section 3 of the Contempt of Courts Act for taking action against Shri P. L. Chhabra, Provincial Transport Controller, Haryana Government, at Chandigarh on the basis of a D.O. letter dated 4/4/1968 written by him to Shri C. G. Suri, District & Sessions Judge, Delhi. That letter may appropriately be reproduced in extenso: -

(2.) The General Manager is a' gazetted officer and as the facts point out, is not a party to the challans against the drivers. Therefore, it is not understood how he could be prosecuted. All the same. I wish the Magistrate should have asked him to puroduce the real accused In my opinion Shri Khurana should also have offered produce them on the next hearing of the case. I request you kindly to look into these cases and determine whether the General Manager is really to be prosecuted these cases or not. If not, then he may kindly be saved from further harassment. In case, in your opinion, his prosecution is justified, then the department would certainly like to engage a counsel on his behalf have the cases decided on merit. So far as the accused drivers are concerned, I may assure you and also Shri Jindal that every effort will be made to produce them in the Court on 22/4/1968."

(3.) This letter was apparently forwarded by Shri Suri to the District Magistrate, Delhi, for disposal. The Officer In charge (Judicial) acting on behalf of the District Magistrate, Delhi, forwarded it to Shri A. Jindal, Magistrate 1st Class, with a request to send his comments thereon immediately. This was done on 25/4/1968. It was in these circumstances that Shri Jindal forwarded to the Registrar of this Court an application dated 31/5/1968 under section 3 of the Contempt of Courts Act with a covering letter dated 3/6/1968 suggesting action against. Shri P. L. Chhabra.