M S CHHABRA Vs. INDIAN SCHOOL OF MINES

JUDGEMENT

(1.) AT the very outset it is relevant to note and emphasise that this writ application was finally decided by a Division Bench of this Court vide Judgment and order date 5th April, 1994 against which the petitioner preferred special leave petition (Civil) No. 16793/94 before the Supreme Court and the same was also dismissed by the Apex Court vide order dated 7.2.1995 but while dismissing the special leave petition the Supreme Court went into an issue raised by the petitioner with regard to genuineness of a letter dated 9.6.1992 purported to have been written by one Vikash Prasad, the Assistant Inspector General of Registration, Patna to Professor M. Ramakrishna, Registrar of the Indian School of Mines, Dhanbad. After issuing notice to one Bikrama Prasad, the Assistant Inspector General of Registration and on the basis of his affidavit which disclosed the said letter to be forged, the Supreme Court directed this Court to take action under the provisions of Section 340 of the Criminal Procedure Code with respect to that letter since that letter had been used by the respondents in this case as an annexure in one of the counter affidavits failed by Shri M.R. Ramakrishna. It appears that the original letter in question alongwith the envelope was produced before the Supreme Court and under the orders of the Supreme Court the same was also sent to this court in a seal cover for taking necessary action.

(2.) THUS , it is clear that the present proceeding in this case has been started only upon the aforesaid direction of the Supreme Court as contained in the order dated 7.2.1995 which is quoted hereunder : - "Mr. A. Sharan learned counsel is discharged from the petition. The petitioner appears in person. The special leave petition is dismissed. It appears that a letter dated 9.6.92 in Hindi was purported to have been written by one Vikas Prasad the Assistant Inspector General of Registration, Patna to Professor M. Ramkrishna, Registrar of the Indian School of Mines, Dhanbad intimating therein that the amendments made to the rules and regulations were approved by the office of the Inspector General of Registration. In the affidavit filed in the court by one Vikrama Prasad the Assistant Inspector General of Registration in the present proceedings he has stated that no such letter was issued by him and that the letter appear to be forged. It is, however, necessary to clarify that he has not thrown any light in the affidavit as to who was Vikas Prasad who is alleged to have sent a letter in original which was produced before the High Court as annexure to the affidavit of the acting Registrar, in the Writ Proceedings. In view of the Denial by Vikrama Prasad that any such letter was sent by his office the matter assume serious proportion and requires inspection. We, therefore, direct the High Court to take action under the provisions of Section 340 of the Criminal Procedure Code with respect to this letter. The letter in question together with the envelope is taken on the file of this Court. The letter and the envelope should be sent by the Registry of this Court in a sealed cover to the High Court of Patna for taking necessary action."

(3.) FROM the record of this case it appears that on receipt of the aforesaid order of the Supreme Court, on 21.2.95, Ranchi Bench of this Court issued notices to Mr. M. Ramakrishna as to why an enquiry be not made against him with a view to filing a complaint for swearing a false affidavit and for enclosing therewith a fake document, as the author of the document has denied to have issued any such letter. On receipt of said notice Mr. M. Ramakrishna filed a show cause in which he alleged that the letter in question dated 9.6.1992 was brought from the office of the Inspector General of Registration, Patna by one Shri A.K. Singh, Estate -cum -Security Officer in Indian School of Mines. In view of such a statement in the show cause of Mr. M. Ramakrishna a notice was also issued to Shri A.K. Singh, as per order dated 17.1.97 pursuant to which Shri A.K. Singh, appeared and filed his show cause. Thereafter the petitioner, Mr. M.S. Chhabra also appeared and prayed for giving him an opportunity of hearing before passing any order. On 7.7.97 Ranchi Bench of this Court heard the matter and ordered the Inspector General of Registration, Patna to produce the original record/register kept in his office and those records, were received and kept in a seal cover. From the order dated 5.8.97 it appears that Mr. M.M. Banerjee appearing on behalf of Mr. M. Ramakrishna also filed sealed cover containing certain documents which were also ordered to be kept on record. Subsequently, it appears that on the request of Mr. Chhabra, the petitioner who was appearing in person, by an administrative Order dated 23.9.97 passed in accordance with proviso to Rule 3 of Chapter XXVI of the Patna High Court Rules the matter was directed to be heard at Patna and accordingly on