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Mohd. Siddique Ansari Vs. the Chairman, Disciplinary Proceddings Tribunal - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtAndhra Pradesh High Court
Decided On
Judge
Reported in1971CriLJ866
AppellantMohd. Siddique Ansari
RespondentThe Chairman, Disciplinary Proceddings Tribunal
Excerpt:
.....or agricultural produce and the categories thereof had been specified in the statute itself by appending in the schedule or otherwise, that would stand on a different footing from the present provisions of the act which contemplate the issuance of notifications in accordance with the procedure ordained by the provisions specified supra. in view of the clear definition of the livestock and products of livestock, the ghee being derivative of butter or cream, if the language employed in definition to be taken as they stand, the only conclusion would be is that the ghee would not fall within ambit of the definitions aforesaid. sections 4 & 3: [v.v.s. rao, n.v. ramana & p.s. narayana, jj] declaration of notified area held, it is only under section 3 that government are required to..........maintainable as the chairman1 of the disciplinary proceedings tribunal is not a court to which the code of criminal procedure applies. having heard mr. sarma and the learned public prosecutor i have come to the conclusion that the application is not maintainable2. sri sarma urged that the jurisdiction under b. 561.a is very wide and that in order to secure the ends of justice it is open to the high court to pass appropriate orders even with reference to proceeding not pending in courts governed by the cods of criminal procedure. it is impossible to agree with this submission. the code of criminal procedure is an act to consolidate and amend the law relating to criminal procedure. 'high court' is defined by section 4(1) of the criminal p.c., as meaning the highest curt of criminal appeal.....
Judgment:
ORDER

Chinappa Reddy, J.

1. This is quite extraordinary application. The petitioner has invoked the jurisdiction of this Court Under Section 561. A of the Code of Criminal Procedure to have the enquiry into a proceeding before the Chair, man, Disciplinary Proceedings Tribunal stayed pending disposal of a case before the Special Judge, S. P. E, Cases, Secunderabad. The disciplinary proceedings pending before the Chairman, Disciplinary Proceedings Tribunal were launched against the petitioner under the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 in respect of a trap said to have been successfully laid against the petitioner by one Munnuswamy Naidu then D. S. P. of the Anti.corruption Bureau. Munnuawamy Naidu has since retired from service. After Mumiuswami Naidu'a retirement from service the petitioner Sled a complaint against him for offence Under Sections 5(1)(c) and 5(1)(d) ad with Section 5(2) of the Prevention of Corruption Act before the Special Judge. According to the petitioner the said Munnuswami Naidu was at Luxettipet in Adilabad District at 1.30 P.M. on lb-2.1966 at the very time when he is supposed to have trapped the petitioner. He claims that this is revealed by the T. A. bills submitted by the said Munnuswami Naidu. Since the principal question in the case before the Criminal Court and one of the main questions before the Disciplinary Proceedings Tribunal is whether Munnuswami Naidu was at Hyderabad or Luxettipet the petitioner seeks to have the Disciplinary Proceedings Tribunal stayed pending disposal of the case against Munnu. swami Naidu before the Criminal Court. At the very outset I felt a doubt whether the application was maintainable as the Chairman1 of the Disciplinary Proceedings Tribunal is not a Court to which the Code of Criminal Procedure applies. Having heard Mr. Sarma and the learned Public Prosecutor I have come to the conclusion that the application is not maintainable

2. Sri Sarma urged that the jurisdiction under B. 561.A is very wide and that in order to secure the ends of justice it is open to the High Court to pass appropriate orders even with reference to proceeding not pending in Courts governed by the Cods of Criminal Procedure. It is impossible to agree with this submission. The Code of Criminal Procedure is an Act to consolidate and amend the law relating to Criminal Procedure. 'High Court' is defined by Section 4(1) of the Criminal P.C., as meaning the highest Curt of Criminal Appeal for that area. Chapter II of the criminal P.C. , deals with the Constitution of Criminal Courts and also prescribes their subordination to one another, The Chairman of the Disciplinary Proceedings Tribunal is admittedly not a Criminal Court and not subject to the appellate or re visional jurisdiction of the High Court under the Code of Criminal Procedure. The Chairman of the Disciplinary Proceedings Tribunal May be amenable to the jurisdiction of the High Court under Article 226 and 827 of the Constitution. But that does not make him an inferior or a subordinate Criminal Court.

Section 561A contemplates the exercise of inherent power by the 'High Court', that is to say, by the High Court as defined in the Code of Criminal Procedure. The High Court under the Code of Criminal Procedure is the highest Court of Criminal Appeal /or that area. It is not the same thing as the High Court eieroiaing extra-ordinary jurisdiction under Article 226 of the Constitution or powers of superintendence under Article 227 of the Constitution. The Code of Criminal Procedure is concerned with regulating the procedure to be followed in Criminal Courts including the High Court and the power Under Section 561A it to be exercised only in relation to proceedings in such Courts. Wide though the powers of the High Court Under Section 561A of the Criminal P.C.. are, they do not enable the High Court to stretch its arm and reach proceedings which are pending before Courts and Tribunals whose procedure is not regulated by the Code of Criminal Procedure. Sri Sarma argued that Under Section 561A the High Court has jurisdiction to stay proceedings in a Civil Court pending disposal of a Criminal case and if it has jurisdiction to stay proceedings in a Civil Court, he urged, there was no reason why proceedings before other Tribunals could not also be stayed. The initial fallaoy in the argument of Sri Sarma lies in the assumption that the High Court in exercise of its powers Under Section 561A, Criminal P.C., can sky the proceedings of a Civil Court. It has no such power. The power of the High Court Under Section 561A is confined only to Courts whose procedure is regulated by the Code of Criminal Prooedure, Sri T. V. Sarma relied on the' circumstance that on some occasions proceedings pending before a Civil Court have been ' stayed by the High Court and the Supreme Court. The only case to which he was able t > draw my attention where there was a direction that the trial of a Civil Suit may be stayed pending a Criminal Case was the case of M. S. Sheriff v. State of Madras : [1954]1SCR1144 . In that case while dismissing an appeal Under Section 476B, Criminal P.C., against an order of the High Court under S 476 Criminal P.C. their Lordships of the Supreme Court directed that two civil suits in which were involved tha identical questions involved in the Criminal oases should be stayed pending disposal of the Criminal Cases. Their Lordships did not refer to the provision of law under which the direction was given. Their Lordships were apparently exercising their power under Article 142 of the Constitution. The power of the High Court Under Section 561A, Criminal P.C. to grant stay of trial of Civil Suits was not considered by their Lordships. The other oases referred to by Mr, Sarma were all cases where trials of Criminal Cages were stayed pending disposal of Civil suits. I am satisfied that this application Under Section 561A is not maintainable. It is open to the petitioner to file an appropriate petition under Article 226 or Article 227 of the Constitution. The petition is dismissed,


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