Raj D 06 April 2024

Seeking relief for invoking ipc sections in a service matter

Dear members

We, as party A, won in the CAT. The other party, B, has now appealed in high court against CAT directons. In their petition, party B has made several false claims.

Questions: Can we, party A, in our reply pray the court for initiating action against petitioners under IPC 209, 219, 167.

OR, it has to be in form of a separate application under crpc 340?

Kindly suggest. Thanks.

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Quick Summary

A user who won a case at the Central Administrative Tribunal (CAT) is seeking advice on invoking Indian Penal Code (IPC) sections against the opposing party (Party B) who has appealed the CAT's decision to the High Court with allegedly false claims. The user questions whether IPC sections 209, 219, and 167 can be prayed for in their reply to the High Court petition or if a separate application under CRPC 340 is required. The consensus suggests that false claims in the appeal memorandum can be addressed by filing a counter affidavit denying the allegations and arguing the case, rather than directly invoking IPC sections in the reply. It's advised to first have the High Court adjudicate the claims as false before pursuing police action.

3 Replies

T. Kalaiselvan, Advocate (Advocate) 06 April 2024

You have to prove that they lied on oath.

If they have given false information in the memorandum of appeal, you can file a counter affidavit denying their allegations and state that they have given complete false information and then argue properly.

The suggested actions are not tenable.

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Dr. J C Vashista (Advocate ) 07 April 2024

There is no provision for appeal before High Court, against the judgment passed by CAT, as stated by you.

Of course aggrieved party may move in a writ petition under Article 227 of the Constitution of India, 1950.

What are the false claims made by B in the writ petition, if any ? It is a vague and subjective topic for discussion (not a query) which require all relevant information to form proper opinion and oblige, if you are not satisfied with your lawyer who have successfully sailed you in the main case before Central Administrative Tribunal, as stated by you.

1 Like