February 2: The Bombay High Court has initiated criminal prosecution against a bailiff in deputy sheriff's office. The bailiff S L Angchekar, along with two municipal employees, allegedly filed a fake affidavit.Justice R M Lodha has directed the Prothonotary and Senior Master of the BHC to initiate proceedings against the trio, including BMC's security assistants Sarjerao Jagdale and Ahmed Shaikh. The main offence against the three is lying on oath regarding service of summons to the respondents in a writ petition. Filing a fake affidavit is a punishable offence under Section 193 of the Indian Penal Code. The writ petition filed by Jagdale and Shaikh challenged the seniority list of security assistants prepared by BMC.
They claimed that they have been denied promotional avenues in the new list. Ten municipal officers, including the Municipal Commissioner were made respondent parties in the petition. As per the Court practice, bailiff Angchekar send notices to the respondents informing them of the nexthearing of the petition. Later, Angchekar filed an affidavit stating that the respondents were duly informed.
However, assistant security officer S P Chavan, who was the ninth respondent, did not appear on that day. Later, Chavan claimed that he was denied a hearing since the bailiff did not send him the necessary notice. Angchekar then further filed an affidavit to support his stance. The bailiff claimed that he visited Chavan's staff quarters at Worli where the latter refused to accept the notice. Therefore, the notice was affixed on the residence door. He said he was accompanied by Jagdale.
However, it was revealed later that revealed that bailiff's movement register did not record the visit to Chavan's residence. The bailiff claimed that "due to overburden and heavy work movements are not regularly recorded". But, the Judge pointed out that a busy working day does not give the license for not registering important appointments. The Judge also pointed out numerous glaring contradictions in theaffidavits of the persons involved - Shaikh, Jagdale and the bailiff. These contradictions pertain to the date and timings of serving notices to the ten respondents of the petition.
While condemning the bailiff's lack of responsibility, Justice Lodha has disposed of the contempt of Court proceedings against the three accused, especially since the criminal trial will now commence. The Judge also stated that allegations have just been proved "prima facie" against the bailiff. "Needless to add that the present order will not influence the criminal court dealing with the complaint against the trio".
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
