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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. 


 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.

1 Like

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

Sudhir Kumar, Advocate (Advocate)     14 April 2024

agreed with Mr Kalaiselvan.


you first get the claim adjudicated as false by the high court and then seek police actio.

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