IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND SIX PRESENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.26463 OF 2005 Between: Thopalli Subrahmanyam, S/o.Late Chakrapani, Hindu, Aged about 55 years, Occ: Superintendent, Central Excise, Ongole Range, Ongole. ..... PETITIONER AND The Commissioner, Customs and Central Excise, C.R.Bhavan, Kannavari Thota, Guntur-4. ....RESPONDENT THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.26463 OF 2005 O R D E R (Per Sri Justice J.Chelameswar) The writ petition is filed by the unsuccessful applicant in O.A.No.946 of 2005 on the file of Central Administrative Tribunal, Hyderabad Bench, Hyderabad, aggrieved by an order dated 06.12.2005 by which the O.A. was summarily rejected. The basic grievance of the petitioner, who is working as Superintendent of Central Excise, Ongole Range, is that he was posted to Ongole on 22.06.2005 and within six months, he was re-transferred again to Guntur. The O.A. itself came to be filed challenging the order of transfer dated 02.12.2005 by which the petitioner was transferred from Ongole to Guntur. The writ petition was admitted on 20.12.2005 and an order of status-quo as on that date was directed to be maintained until further orders. Subsequently, a counter-affidavit is filed by the sole respondent – Mr.K.R.Pandian, who claims to be working as Assistant Commissioner of Customs and Central Excise in the Office of the Commissioner of Customs and Central Excise, C.R.Buildings, Kannavari Thota, Guntur. The substance of the counter-affidavit is that though the petitioner was recently transferred from Guntur to Ongole, he was once again sought to be transferred from Ongole on the ground that the First Information Report of Central Bureau of Investigation in R.C.12(A)-2005-VSP, dated 19.09.2005 was forwarded to Superintendent of Police, SPE, CBI. The deponent does not disclose as to whom the report was forwarded, but states on oath that such a report discloses an allegation of criminal conspiracy, cheating and criminal mis-conduct by the petitioner and three others by names Sri V.Bhaskara Rao, Superintendent, Sri N.Sri Krishna, Inspector and Sri P.Naga Shankara Rao, Inspector. In view of the said allegations, the Chief Commissioner of Customs and Central Excise, Visakhapatnam, requested the respondent herein that the officers (mentioned above) are not posted to the sensitive areas. In the counter-affidavit it is further stated that of all the above mentioned four officers, only the petitioner and V.Bhaskara Rao were working in sensitive postings i.e. the petitioner at Ongole and V.Bhaskara Rao was on deputation work at Rajiv Gandhi International Air Port. It is asserted in the counter-affidavit that both the petitioner and V.Bhaskara Rao were therefore transferred from their postings, which were considered as sensitive. In the case of petitioner’s transfer from Ongole to Guntur and in the case of V.Bhaskara Rao, it is stated in the counter-affidavit as follows: “In respect of Shri V.Bhaskara Rao, Superintendent, who is on deputation to Rajiv Gandhi International Air Port, vide this office letter in C.No.II/3/3/2005-Estt. Dated 6-12-2005 (Exhibit-III), the Chief Commissioner, Hyderabad Zone was requested to consider his posting to non-sensitive charge. Consequently, Shri V.Bhaskara Rao, Superintendent has been repatriated from Rajiv Gandhi International Air Port to Guntur Commissionerate (Exhibit-IV).” Exhibit IV is the proceedings of the Chief Commissioner of Custom & Central Excise, Hyderabad Zone, signed by one Anpazakhan, Additional Commissioner (CCO), on 08.12.2005 and the relevant portion of the proceedings reads as follows: “Shri V.Bhaskar Rao, Superintendent of Customs & Central Excise, who presently on deputation as Air Customs Superintendent, Rajiv Gandhi International Airport, Hyderabad is hereby repatriated to his parent Commissionerate i.e., Guntur Commissionerate with immediate effect.” When the matter is taken up for hearing on the last occasion i.e. on 14.03.2006, learned counsel for the petitioner made a categoric assertion that the counter-affidavit filed on behalf of the respondent contains a false averment that V.Bhaskar Rao was transferred to Guntur, and in fact he is still continuing in Rajiv Gandhi International Airport, Hyderabad. We, therefore, called upon both the learned counsel for the petitioner and the learned Asst. Solicitor General appearing for the respondent to file affidavits regarding the fact as to where the above-mentioned V.Bhaskar Rao is working. The petitioner filed a reply affidavit dated 19.03.2006, wherein it is stated at para 5 it is stated as follows: “5. It is submitted that, it is absolutely false to state that V.Bhasker Rao who is working as Superintendent in Rajiv Gandhi International Airport, Hyderabad was transferred but he is still working at the same place which is a sensitive zone. I respectfully submits that, a false affidavit has been filed by the respondent along with vacate stay application only to cause inconvenience to me and to mislead this Hon’ble Court. In view of the above, it is clear that no action has been taken as per the averments of the counter against anybody except me, and more over filing a false affidavit and misleading this Hon’ble Court is greatest mistake which needs interference by this Hon’ble Court for which the respondent is responsible for the consequences.” No affidavit is filed on behalf of the respondent. On the other hand, learned counsel appearing for the respondent made a request that he needs some more time to file an affidavit. He admits that the above-mentioned V.Bhaskar Rao is still working at Rajiv Gandhi International Airport, Hyderabad, but he is shifted from sensitive post to non- sensitive post.. It is pertinent to note that the counter-affidavit filed by the respondent Mr. K.R.Pandian does not contain the date on which this affidavit was sworn to. It is purported to have been attested by a person described as Superintendent (Legal) in the Office of the Commissioner, Central Excise, Guntur. The attestation does not specify as to what is being attested to. It does not contain a statement that the deponent had sworn to the affidavit in his presence after a solemn affirmation. In the process, the statement of the learned counsel for the respondent made today that subsequent to the filing of the counter-affidavit, the above mentioned V.Bhaskar Rao was brought back to Hyderabad, but to a non- sensitive post, is incapable of being verified. The respondent – Commissioner, Customs and Central Excise, Guntur and the deponent of the counter-affidavit Mr.K.R.Pandian, in our view, deliberately mislead this Court. Therefore, we direct issuance of notice for contempt of the Court to the Commissioner, Customs and Central Excise, Guntur and also the deponent of the counter- affidavit Mr.K.R.Pandian, Assistant Commissioner, Customs and Central Excise, Guntur. We are also of the prima facie opinion that both these persons are liable for prosecution of a charge of perjury for filing a false affidavit in the Court. The Registrar (Judicial) is directed to initiate appropriate proceedings against the above-mentioned two persons for prosecution of a charge of perjury. Coming to the Superintendent (Legal) in the Office of the respondent, having regard to the nature of the attestation made by him, we record that he has no elementary knowledge of law and he is unfit to continue as Superintendent (Legal). We direct that a copy of this order be communicated to the Chairman, Central Board, Customs and Excise. In the background of the above-mentioned facts, more specifically on the face of an allegation that the petitioner is facing criminal charges, we do not see any reason to grant any relief to the petitioner. The Writ Petition is accordingly dismissed. There shall be no order as to costs. ----------------------------------- JUSTICE J.CHELAMESWAR ------------------------------------------------ JUSTICE M.VENKATESWARA REDDY 22nd MARCH, 2006 PGS THE HON'BLE MR JUSTICE J.CHELAMESWAR AND THE HON'BLE MR JUSTICE M.VENKATESWARA REDDY WRIT PETITION No.26463 OF 2005 (Per Sri Justice J.Chelameswar) 22nd MARCH, 2006