Application u/s 340 crpc is maintaiable in service matter?
yogesh
(Querist) 10 February 2013
This query is : Resolved
In CAT public authority has false affidavit about the selection process without the leave of the court and same is placed on records, whether Application u/s 340 CrPC and 195 CrPC can be filed for invoking sections 191, 193 of IPC?
Such Applications are maintainable in service matters? and whether Tribunal has the jurisdiction to entertain such applications?
If Tribunal dismiss my Miscellaneous Application or don't pass any order what remedies are available?
Arvind Singh Chauhan
(Expert) 10 February 2013
Yes it is maintainable tribunal should file complaint to concerned criminal court having jurisdiction of that area.
R.K Nanda
(Expert) 10 February 2013
CAT do not have jurisdiction to try it.
yogesh
(Querist) 10 February 2013
R K Nanda sir..Though CAT don't have jurisdiction but whether it can make referral to the appropraite criminal court for trying of offence since offence has taken place during judicial proceedings
Procedure in cases mentioned in Section 195(1) when, upon an application made to it in this behalf or otherwise, ANY COURT is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in Clause (b) of Sub-section (1) of Section 195, which appears to have been committed in or in relation to a proceeding in that Court or, as the case may be, in respect of a document produced or given in evidence in a proceeding in that Court, such Court may, after such preliminary inquiry, if any, as it thinks necessary,-
ANY COURT MEANS any tribunal also? established by act...
Guest
(Expert) 10 February 2013
Of course, the application is maintainable after following the procedure laid down in sec.195, if the matter pertains to the contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.
Raj Kumar Makkad
(Expert) 10 February 2013
CAT has also similar jurisdiction as of any other court. If a person has submitted false affidavit therein then the application under section 340 is maintainable before the sam court who if on enquiry satisfies itself with the contents if the application, sends the matter to the trial magistrate fir initiation of action by trying such person.
