R.S. SEHRAWATversusRAJEEV MALHOTRA & ORS.

634                      [2018]REPORTS
               SUPREME COURT    10 S.C.R. 634              [2018] 10 S.C.R.


A                              R.S. SEHRAWAT
                                       v.
                        RAJEEV MALHOTRA & ORS.
                       (Criminal Appeal No. 684 of 2006)
B                           SEPTEMBER 05, 2018
          [DIPAK MISRA, CJI AND A. M. KHANWILKAR, J.]
             Contempt of Courts Act, 1971 – s. 19(1)(b) – Contempt of
      court – Reconstruction of the unauthorised constructions – On facts,
      writ petition by the respondent seeking action against appellant-
C
      junior engineer and others involved in the incident of demolition
      alleging that they first permitted to carry on unauthorised
      construction on the property and later on unilaterally demolished
      the structure – Suo motu action by the High Court as per the earlier
      order in PIL restraining unauthorised constructions’ in unauthorised
D     colonies – Issuance of notices to appellant – Filing of affidavits by
      appellant and other officers – Conviction of the appellant for
      committing contempt of court holding that the appellant-junior
      engineer by filing false affidavit, attempted to mislead the court
      and his acts tended to substantially interfere with the due course of
      justice – On appeal, held: Appellant was not served with any charges
E
      muchless specific charge which he was expected to meet – High
      Court made no attempt to verify or examine the contemporaneous
      record relied upon by the appellant – High Court ought to have
      tested the authenticity and veracity of the contemporaneous record
      – Affidavit so filed cannot be termed as incorrect or misleading – It
F     cannot be held that the demolition work undertaken was not in
      conformity with the position reflected in the contemporaneous
      office submissions/record and photographs submitted by appellant
      to his superior authority – Thus, the order passed by the Division
      Bench of High Court set aside and show cause notices issued to
      appellant are dropped.
G
            Allowing the appeal, the Court
            HELD: 1.1 It is evident that the High Court took suo motu
      action as it was prima facie convinced that unauthorised
      construction was carried out in the Farms despite the direction
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                                      634
      R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                           635


contained in the order in a writ petition. The order also records        A
that the show cause notice was accepted by the officers present
in Court. The appellant, like other officers, filed his affidavit
revealing the relevant facts concerning him. The appellant had
explained the factual position as to the action of demolition of
unauthorised structures in the Farms during the relevant period
                                                                         B
as per the task assigned to him by his superior officers and
reporting of that fact to his superiors by way of contemporaneous
office submission. The correctness of the said contemporaneous
office reports could not be and has not been questioned or doubted
as such. The reply affidavit makes it amply clear that the
Commissioner of the Corporation was personally supervising the           C
demolition work of unauthorised constructions and, therefore,
there was no reason to doubt the contemporaneous record in the
form of office submissions and photographs reinforcing the fact
of demolition. The report of the Committee of advocates,
however, was based on the site visit made in January, 2001 after
                                                                         D
a gap of more than 6 months from 7th June, 2000 and 3 months
from 14 th September, 2000 when the demolition was actually
carried out. The factual position stated in the said report,
therefore, may not be the actual position as obtained on the date
of demolition. It is not unknown that such unauthorised structures
could be and were reconstructed overnight after the demolition           E
work is undertaken by the officials. That was done by unscrupulous
persons clandestinely and without notice. The factual position
stated in the reply affidavit filed by the appellant also reveals that
continuous follow-up action was being taken in respect of
unauthorised structures including those which were demolished.
                                                                         F
Furthermore, the appellant was transferred from the concerned
ward w.e.f. 27th September, 2000 and any development or illegal
activity unfolding after that date cannot be attributed to the
appellant. All these aspects have not been considered by the High
Court. [Para 9] [641-G-H; 642-A-F]
      Sahdeo Alias Sahdeo Singh v. State of Uttar Pradesh                G
      and Others (2010) 3 SCC 705 : [2010] 2 SCR 1086 ;
      Muthu Karuppan, Commissioner of Police, Chennai v.
      Parithi Ilamvazhuthi and Anr. (2011) 5 SCC 496 : [2011]
      5 SCR 329 ; Mrityunjoy Das and Anr. v. Syed Hasibur
                                                                         H
636            SUPREME COURT REPORTS                     [2018] 10 S.C.R.


A           Rahaman and Ors. Mrityunjoy Das and Anr. v. Syed
            Hasibur Rahaman and Ors. (2001) 3 SCC 739 :
            [2001] 2 SCR 471 – referred to.
             1.2 Going by the material on record it is not possible to
      conclude beyond reasonable doubt that the appellant had
B     contributed to the reconstruction of the unauthorised structure
      before or after 27th September, 2000. Furthermore, the appellant
      was not served with any charges muchless specific charge which
      he was expected to meet. Yet, the final conclusion in the impugned
      judgment is that the acts of the appellant tended to substantially
      interfere with the due course of justice and amounted to
C     committing criminal contempt of court for having filed incorrect
      affidavit. The High Court made no attempt to verify or examine
      the contemporaneous record relied upon by the appellant in
      support of his plea that the factual position stated in the affidavit
      filed by him was borne out and reinforced from the said record.
D     The affidavit so filed cannot be termed as incorrect or
      misleading by relying on the report of the advocates’ committee,
      which was prepared after a gap of 6 months from the date of first
      demolition and 3 months from the second demolition.
      [Para 12] [645-D-E]
E           1.3 The finding recorded by the High Court that the
      property was not razed to the ground based on the report
      prepared in January, 2001, therefore, is not the correct approach
      and is manifestly wrong. The High Court ought to have tested
      the authenticity and veracity of the contemporaneous record in
      the form of office submissions, Misel Band register, office files,
F     notices, photograph and press reports etc. relied upon by the
      appellant. It would be a different matter if the contemporaneous
      record did not support the stand taken by the appellant in the
      affidavits filed by him. As a matter of fact, the appellant has
      already faced departmental enquiry in which the matter in issue
G     has been exhaustively dealt with and the plea taken by the
      appellant has been found to be correct. [Para 13] [645-G-H;
      646-A-B]
            1.4 The specific stand taken by the appellant was not
      considered by the High Court at all. The appellant made this
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       R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                           637


grievance in the review petition, but of no avail. It is not possible     A
to hold that the demolition work undertaken on 7th June, 2000
and 14th September 2000 was not in conformity with the position
reflected in the contemporaneous office submissions/record and
photographs submitted by the appellant to his superior
authority. As a matter of fact, the appellant ought to succeed on
                                                                          B
the singular ground that the High Court unjustly proceeded against
him without framing formal charges or furnishing such charges
to him; and moreso because filing of affidavit by the appellant
was supported by contemporaneous official record, which cannot
be termed as an attempt to obstruct the due course of
administration of justice. [Paras 16, 17] [648-C-E]                       C

      1.5 The impugned judgment and orders passed by the
Division Bench of High Court of Delhi are quashed and set aside
and the show cause notices issued to the appellant pursuant to
the order of the Division Bench of the High Court are hereby
dropped. [Para 18] [648-F-G]                                              D

                        Case Law Reference

      [2010] 2 SCR 1086            referred to           Para 11

      [2011] 5 SCR 329             referred to           Para 11          E
      [2001] 2 SCR 471             referred to           Para 11

      CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No. 684 of 2006.
                                                                          F
      From the Judgment and Order dated 01.06.2001 of the High Court
of Delhi at New Delhi in C.M. No. 820 of 2001 in CWP No. 6734 of
2000 and order dated 10.05.2006 in R.A. No. 6600 of 2001 in CWP
No. 6734 of 2000 respectively.

      K. Radhakrishnan, A.C., Ashok Kumar Panda, Sr. Advs., Ashok         G
Mathur, Ms. Asha G. Nair, R. K. Rathore, Mrs. R. Bhardwaj, Raj Bahadur,
Mrs. Anil Katiyar, P. Parmeswaran, Praveen Swarup, V. K. Verma,
Advs. for the appearing parties.


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638             SUPREME COURT REPORTS                           [2018] 10 S.C.R.


A            The Judgment of the Court was delivered by
             A. M. KHANWILKAR, J. 1. The instant appeal under Section
      19 (1) (b) of the Contempt of Courts Act, 1971, assails the judgment and
      orders passed by the Division Bench of the High Court of Delhi at New
      Delhi in C.M. No.820 of 2001 in C.W.P. No.6734 of 2000 dated 1 st June,
B     2001 and in R.A. No.6600 of 2001 in C.W.P. No.6734 of 2000 dated
      10th May, 2006 whereby the appellant has been found guilty of filing
      false affidavit and attempting to mislead the Court, thus committing
      contempt of court by his acts which were of such a nature that they
      tended to substantially interfere with the due course of justice. The
      appellant has been sentenced to undergo simple imprisonment for a period
C     of 30 (Thirty) days and to pay a fine of Rs.25,000/- (Twenty Five
      Thousand Only). Review petition against the said decision came to be
      dismissed on 10th May, 2006.
             2. Briefly stated, the appellant was working as a Junior Engineer
      in Municipal Corporation of Delhi (MCD). The writ petitioner
D
      (respondent No.1 herein) had alleged that the appellant and other
      officials, including police officials had, by their act of commission and
      omission, first permitted the writ petitioner to carry on unauthorised
      construction on the property bearing Plot No.37-C measuring 834 square
      yards at Asoka Avenue, Sainik Farms, New Delhi and later on
E     unilaterally demolished the said structure. This was the grievance made
      in Civil Writ Petition No.6734 of 2000 filed by respondent No.1.
      Respondent No.1 had prayed for taking action against the appellant and
      other officials including police officials involved in the alleged incident of
      demolition of the structure. The Division Bench of the High Court
      adverting to the direction issued in Public Interest Litigation bearing C.W.P.
F
      No.7441 of 1993 dated November 3, 1997 restraining unauthorised
      constructions in unauthorised colonies, issued notice on 6th December,
      2000 in the present writ petition to the officers of the MCD and the
      police personnel who were posted during the time the construction was
      raised on the plot belonging to respondent No.1, to show cause as to
G     why proceedings for contempt of court should not be initiated against
      them.
              3. After receipt of notice, the appellant, as well as other officials,
      filed their respective affidavits. The appellant filed his detailed affidavit
      on 3rd January, 2001 inter alia pointing out the primary responsibility of
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       R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                               639
                  [A. M. KHANWILKAR, J.]

the officials who were expected to comply with the directions issued on       A
November 3, 1997 by the High Court. As regards his role in the capacity
of Junior Engineer, the appellant asserted that he discharged the task
assigned to him from time to time by his superior officers and submitted
compliance reports to them in that behalf. He further asserted that he
had undertaken 14 major demolition actions in Sainik Farms alone
                                                                              B
between 7th March, 2000 and 27th September, 2000 and razed these
constructions to the ground. It was asserted that the writ petitioner
illegally constructed the building at the same location inspite of the
demolition action taken on the earlier occasions. In support of the
contention that he had resorted to the demolition of concerned structure,
he placed reliance on the office submission made by him to his superiors      C
as well as the photographs of the structures taken before and after the
demolition drive. The stand taken by the appellant was contested by
respondent No.1. To verify the factual position, the High Court vide
order dated 12th January, 2001 appointed a Committee of advocates to
inspect the site and submit a fact finding report. That report was
                                                                              D
submitted to the High Court by the Committee of advocates on 23 rd
January, 2001.
       4. The High Court vide order dated 24th January, 2001 after
recording its prima facie opinion issued show cause notice to the
concerned officials including the appellant as to why they should not be
convicted and punished for contempt of court. After the said order, the       E
appellant filed a further affidavit dated 8th February, 2001 and reiterated
the stand taken in the earlier affidavit as also explained the position of
possibility of reconstruction on the same location after the demolition
was done on 7 th June, 2000 and 14th /15 th September, 2000. The
appellant also relied on contemporaneous evidence such as the report          F
and photographs of the demolition. The High Court, however, was not
impressed by the explanation offered by the appellant and proceeded to
record finding of guilt against the appellant for filing false affidavit on
January 3, 2001. The appellant preferred a review petition which was
dismissed on 10th May, 2006. As a result, the appellant has challenged
both the orders by way of the present appeal.                                 G

      5. The principal grievance of the appellant is that no proper charge
was framed and conveyed to the appellant. The first show cause notice
issued to the appellant in terms of order dated 6th December, 2000 was
presumably for non-compliance of the direction given on November 3,
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640             SUPREME COURT REPORTS                       [2018] 10 S.C.R.


A     1997 in C.W.P. No.7441 of 1993; whereas the second show cause
      notice issued to the appellant pursuant to order dated 24th January, 2001
      was for filing an incorrect and misleading affidavit dated 3rd January,
      2001. The appellant had revealed the factual position in his affidavit
      dated 3rd January, 2001 and further affidavit dated 8th February, 2001.
      The factual position stated in the said affidavits has not been analysed
B
      by the High Court at all, much less in its proper perspective. On the
      contrary, the High Court, proceeded to record a finding of guilt, being
      swayed away by the factual position recorded in the report submitted by
      the Committee of advocates, completely overlooking the plausible
      explanation offered by the appellant that the unauthorised structure in
C     question was demolished on 7th June, 2000 and again on 14 th/15th
      September, 2000. The contemporaneous record regarding the extent of
      demolition in the form of office submission, press reports and
      photographs was also brought to the notice of the High Court. However,
      that has been overlooked. The grievance of the appellant is that in the
      affidavit dated 8th February, 2001 a specific disclosure was made about
D
      the video recording done by news channels and liberty to play the video
      clippings was sought but the High Court did not deal with this request of
      the appellant at all. The time period between the demolition and the
      inspection by the Committee of advocates being quite substantial, the
      possibility of reconstruction of the structures in question could not be
E     ruled out. However, the High Court has not dealt with this aspect.
             6. The respondent No.1 and the Amicus Curiae espousing the
      cause of the respondent No.1, would, however, contend that there is no
      error in the approach or the conclusion recorded by the High Court.
            7. We have heard Mr. Ashok Mathur advocate for the appellant,
F     Mr. K. Radhakrishnan, learned senior counsel appearing as amicus
      curiae and Mr. Ashok Kumar Panda, learned senior counsel for the
      respondent.
             8. As noted earlier, action against the appellant and other
      officials was initiated by the High Court in terms of order dated
G     6th December, 2000. The relevant portion of the said order reads thus:
            “............
            In the instant petition, unauthorized construction was carried out
            in Sainik Farm which happens to be an unauthorized colony. It is
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       R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                               641
                  [A. M. KHANWILKAR, J.]

      not disputed that the petitioner started construction on Plot No.37C    A
      measuring 834 Sq. Yds. At Ashoka Avenue, Sainki Farm, New
      Delhi, in July 2000. The building was allowed to come up and
      when it was nearing completion the same was demolished on
      30.10.2000. We fail to understand as to how the building activity
      could be permitted/allowed from July 2000 till October 2000 when
                                                                              B
      order of this court dated November 3, 1997 was in force. It prima
      facie appears to us that the building in question could not have
      come up unless the concerned officers of the MCD and the
      Police connived with the petitioner. The allegation of the
      petitioner is that he paid bribes to various offices for raising the
      construction. He has named those officers.                              C
            In the circumstances, we consider it appropriate to issue
      notices to the following officers of the MCD and the Police, who
      were posted during the time the construction was raised on the
      plot in question, to show cause why proceedings for contempt of
      court be not initiated against them:                                    D
     1. Mr. R.S. Sherawat (JE) MCD
     2. Mr. U.S. Chowhan (JE) MCD
     3. Mr. S.R. Bhardwaj, A.E. South zone Building Department
        MCD.
     4. Mr. Puran Singh Rawat, Baildar, MCD                                   E
     5. Mr. Rakesh Baildar, MCD
     6. Mr. Man Mohan, S.I. Chowki Incharge, Sainik Farms
     7. Mr. V.K. Malhotra, Ex. Engineer MCD
     8. Mr. Vir Singh, SHO.                                                   F
        The aforesaid officers are present and they accept notice. They
      are granted two weeks time to file affidavits in reply to the show
      cause notice. Pleadings in the writ petition be completed before
      the next date.”
      9. On a bare perusal of this order, it is evident that the High Court   G
took suo motu action as it was prima facie convinced that unauthorised
construction was carried out in Sainik Farms despite the direction
contained in order dated November 3, 1997 in C.W.P. No.7441 of 1993.
The order also records that the show cause notice was accepted by the
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642            SUPREME COURT REPORTS                          [2018] 10 S.C.R.


A     officers present in Court. The appellant, like other officers, filed his
      affidavit revealing the relevant facts concerning him vide affidavit dated
      3rd January, 2001. The appellant had explained the factual position as to
      the action of demolition of unauthorised structures in Sainik Farms
      during the relevant period as per the task assigned to him by his superior
      officers and reporting of that fact to his superiors by way of
B
      contemporaneous office submission. The correctness of the said
      contemporaneous office reports could not be and has not been
      questioned or doubted as such. The reply affidavit makes it amply clear
      that the Commissioner of the Corporation was personally supervising
      the demolition work of unauthorised constructions and, therefore, there
C     was no reason to doubt the contemporaneous record in the form of
      office submissions and photographs reinforcing the fact of demolition.
      The report of the Committee of advocates, however, was based on the
      site visit made in January, 2001 after a gap of more than 6 months from
      7th June, 2000 and 3 months from 14th September, 2000 when the
      demolition was actually carried out. The factual position stated in the
D
      said report, therefore, may not be the actual position as obtained on the
      date of demolition i.e. 7th June, 2000 and 14th September, 2000. It is not
      unknown that such unauthorised structures could be and were
      reconstructed overnight after the demolition work is undertaken by the
      officials. That was done by unscrupulous persons clandestinely and
E     without notice. The factual position stated in the reply affidavit filed by
      the appellant also reveals that continuous follow-up action was being
      taken in respect of unauthorised structures including those which were
      demolished. Furthermore, the appellant was transferred from the
      concerned ward w.e.f. 27th September, 2000 and any development or
      illegal activity unfolding after that date cannot be attributed to the
F
      appellant. All these aspects have not been considered by the High Court.
             10. During the pendency of this appeal the appellant has also
      brought on record a fact that he had faced departmental action on the
      basis of same set of facts regarding his acts of commission and omission
      for the following three charges:
G
            “Shri R.S. Sehrawat while functioning as JE (B) in Building
            Department, South Zone and remained incharge of the area of
            Sainik Farm w.e.f. 07.03.2000 to 27.09.2000, committed gross
            misconduct on the following counts:

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          R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                                 643
                     [A. M. KHANWILKAR, J.]

        1. He is connivance with the owner/builders allowed them to carry          A
           out and complete the unauthorized construction in P.Nos 37-C,
           49, H-541, Sainik Farms unabatedly and did not take effective
           action to stop/demolish the same at its initial/ongoing stage.
        2. He also did not book the said unauthorized construction in Sainik
           Farm just to avoid demolition action u/s 343/344 of the DMC             B
           Act.
        3. He also submitted wrong affidavit in the High Court
           mentioning therein that unauthorized construction in P.No.49
           and H-541, Sainik Farms were demolished but the same were
           found still existing at site. Thus, he mislead the Hon’ble High         C
           Court.
           He, thereby contravened Rule 3 (I) (i) (ii) & (iii) of the CCS
           (Conduct) Rules, 1964 as made applicable to the employees of
           the MCD.”
           Notably, the appellant has been exonerated in the said enquiry          D
           by a detailed report analysing all the official records supporting
           the stand of the appellant.
      11. Be that as it may, the law relating to contempt
proceedings has been restated in the case of Sahdeo Alias Sahdeo
Singh Versus State of Uttar Pradesh and Others1 in paragraph 27 as                 E
follows:
         “27. In view of the above, the law can be summarised that the
         High Court has a power to initiate the contempt proceedings suo
         motu for ensuring the compliance with the orders passed by the
         Court. However, contempt proceedings being quasi-criminal in              F
         nature, the same standard of proof is required in the same
         manner as in other criminal cases. The alleged contemnor is
         entitled to the protection of all safeguards/rights which are
         provided in the criminal jurisprudence, including the benefit of doubt.
         There must be a clear-cut case of obstruction of administration of
                                                                                   G
         justice by a party intentionally to bring the matter within the ambit
         of the said provision. The alleged contemnor is to be informed as
         to what is the charge, he has to meet. Thus, specific charge has
         to be framed in precision. The alleged contemnor may ask the
1
    (2010) 3 SCC 705                                                               H
644               SUPREME COURT REPORTS                          [2018] 10 S.C.R.


A              Court to permit him to cross-examine the witnesses i.e. the
               deponents of affidavits, who have deposed against him. In spite
               of the fact that contempt proceedings are quasi-criminal in
               nature, provisions of the Code of Criminal Procedure, 1973
               (hereinafter called “CrPC”) and the Evidence Act are not
               attracted for the reason that proceedings have to be concluded
B
               expeditiously. Thus, the trial has to be concluded as early as
               possible. The case should not rest only on surmises and
               conjectures. There must be clear and reliable evidence to
               substantiate the allegations against the alleged contemnor. The
               proceedings must be concluded giving strict adherence to the
C              statutory rules framed for the purpose.”
            We may usefully refer to two other decisions dealing with the
      issue under consideration. In Muthu Karuppan, Commissioner of
      Police, Chennai Vs. Parithi Ilamvazhuthi and Anr.,2 this Court
      observed thus:
D              “15. Giving false evidence by filing false affidavit is an evil which
               must be effectively curbed with a strong hand. Prosecution should
               be ordered when it is considered expedient in the interest of
               justice to punish the delinquent, but there must be a prima facie
               case of ‘deliberate falsehood’ on a matter of substance and the
E              court should be satisfied that there is a reasonable foundation for
               the charge.”
               “17. The contempt proceedings being quasi-criminal in nature,
               burden and standard of proof is the same as required in criminal
               cases. The charges have to be framed as per the statutory rules
F              framed for the purpose and proved beyond reasonable doubt
               keeping in mind that the alleged contemnor is entitled to the
               benefit of doubt. Law does not permit imposing any punishment
               in contempt proceedings on mere probabilities, equally, the court
               cannot punish the alleged contemnor without any foundation merely
               on conjectures and surmises. As observed above, the contempt
G              proceeding being quasi-criminal in nature require strict adherence
               to the procedure prescribed under the rules applicable in such
               proceedings.”

      2
          (2011) 5 SCC 496
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          R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                               645
                     [A. M. KHANWILKAR, J.]

       In Mrityunjoy Das and Anr. Vs. Syed Hasibur Rahaman and                   A
Ors.,3 this Court observed thus:

         “14. The other aspect of the matter ought also to be noticed at
         this juncture, viz., the burden of standard of proof. The common
         English phrase ‘he who asserts must prove’ has its due
         application in the matter of proof of the allegations said to be        B
         constituting the act of contempt. As regards the ‘standard of proof’,
         be it noted that a proceeding under the extraordinary jurisdiction
         of the court in terms of the provisions of the Contempt of Courts
         Act is quasi-criminal, and as such, the standard of proof required
         is that of a criminal proceeding and the breach shall have to be        C
         established beyond reasonable doubt....”

       12. In the present case, going by the material on record it is not
possible to conclude beyond reasonable doubt that the appellant had
contributed to the reconstruction of the unauthorised structure before or
after 27th September, 2000. Furthermore, the appellant was not served            D
with any charges muchless specific charge which he was expected to
meet. Yet, the final conclusion in the impugned judgment is that the acts
of the appellant tended to substantially interfere with the due course of
justice and amounted to committing criminal contempt of court for
having filed incorrect affidavit. The High Court made no attempt to verify
or examine the contemporaneous record relied upon by the appellant in            E
support of his plea that the factual position stated in the affidavit filed by
him was borne out and reinforced from the said record. The affidavit so
filed cannot be termed as incorrect or misleading by relying on the
report of the advocates’ committee, which was prepared after a gap of
6 months from the date of first demolition (7th June, 2000) and 3 months         F
from the second demolition (14th September, 2000).
       13. The finding recorded by the High Court that the property was
not razed to the ground based on the report prepared in January, 2001,
therefore, is not the correct approach and is manifestly wrong. The High
Court ought to have tested the authenticity and veracity of the                  G
contemporaneous record in the form of office submissions, Misel Band
register, office files, notices, photograph and press reports etc. relied

3
    (2001) 3 SCC 739
                                                                                 H
646            SUPREME COURT REPORTS                          [2018] 10 S.C.R.


A     upon by the appellant. It would be a different matter if the
      contemporaneous record did not support the stand taken by the
      appellant in the affidavits filed by him dated 3rd January, 2001 and 8th
      February, 2001 respectively. As a matter of fact, the appellant has al-
      ready faced departmental enquiry in which the matter in issue has been
      exhaustively dealt with and the plea taken by the appellant has been
B
      found to be correct.
             14. Be that as it may, the appellant has been found guilty in
      reference to the notice issued in terms of order dated 24th January, 2001,
      the relevant portion whereof reads thus:
C           “Learned counsel for the petitioner also pointed out in the
            affidavit of Mr. R.S. Sehrawat, it is mentioned that property
            Nos.49 and H-541 were demolished on 7 th June, 2000 and
            14th September, 2000 respectively. Mr. Awasthy has shown
            photographs of these properties. From the photographs, it appears
            that the properties are intact and were not demolished, therefore
D
            we are prima facie of the opinion that even Mr. Sehrawat has
            taken liberties with truth. Issue notices to Mr. U.S. Chauhan and
            Mr. R.S. Sehrawat, Junior Engineers, MCD, to show cause why
            they should not be convicted and punished for contempt of Court.
            Let the affidavits in response be filed by 6th February, 2001.”
E            15. In response to the second notice given to the appellant, he
      filed a further affidavit dated 8th February, 2001 to urge as under:
            “3. That the deponent submits that the deponent had not filed any
            false affidavit, nor did the deponent take liberties with truth while
            filing the affidavit on 3.1.2001 before this Hon’ble Court. I state
F           that in the order dated 24.1.2001, qua the deponent it has been
            recorded that properties No.49 and H-541, which were
            demolished by the deponent on 7.6.2000 and on 14.9.2000/
            15.9.2000 were not demolished as per the report of the commit-
            tee appointed by this Hon’ble Court and the photographs of these
G           properties.
            4. That the deponent submits that property No.49 was
            demolished on 7.6.2000 and the photo copies of the photographs
            of the existing building before demolition and after demolition have
            already been filed by the deponent along with the deponent’s
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R. S. SEHRAWAT v. RAJEEV MALHOTRA & ORS.                                   647
           [A. M. KHANWILKAR, J.]

affidavit filed on 3.1.2001. The deponent is filing photocopies of         A
further photographs of the demolished property. I further state
that the press had prior information for the demolition to be
carried out at Sainik Farms on 7.6.2000 and the press
photographers and reporters were at Sainik Farms. The
photograph of the demolished building at 49, Sainik Farm was
                                                                           B
taken by the photographers of some news papers. The times of
India, edition dated 8.6.2000 showed the demolished structure.
This is independent evidence which corroborates the stand of the
deponent. I further state that the video team of the Doordarshan
video taped the demolition of 49 Sainik Farms and the clippings
were shown in the programme “Aaj Tak” on 7.6.2000 itself at 10             C
P.M. I crave indulgence of this Hon’ble Court to summon the
video film from the Doordarshan Authorities prepared for the
programme Aaj Tak telecasted on 7.6.2000. I state that the owner
of the property has reconstructed the same after its earlier
demolition. I state that as stated by me in the earlier affidavit filed
                                                                           D
by the deponent, I was no longer assigned the work of Junior
engineer for Sainik Farms after 27.9.2000 and the structure has
been re-erected, only thereafter. I state that during my tenure as
Junior Engineer incharge of Sainik Farms only one property was
bearing No.49 Sainik Farms, which was demolished by me.
5. That as regards property No. H-541, Sainik Farms, I state that          E
the committee report has not referred to the same. However,
29.1.2001, I visited the site of the said property and state that the
said property has also been reconstructed after the earlier
demolition carried out by me. I state that the reconstructed
property is still in the process of finishing and painting work is still   F
going on in the property. I state that the committee members should
be requested by this Hon’ble Court to immediately report whether
the buildings are in the process of being painted or has been
recently completed and painted as the same would show and prove
its reconstruction. I have already filed the photographs showing
the demolished property by me along with my earlier affidavit.             G

6. That I state that as already stated by me in my affidavit filed
before this Hon’ble Court on 3.1.2001, the Commissioner of the
Corporation was weekly reviewing the activities at Sainik Farms

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648                SUPREME COURT REPORTS                        [2018] 10 S.C.R.


A             and the Zonal Engineer and the Executive Engineer of the Zone
              were also personally supervising the demolition operations
              carried out by me. The reports of the said Zonal Engineer and
              Executive Engineers should also be called.
              7. That I state that I should be given an opportunity to lead
B             evidence of the press photographers, Doordarshan team which
              video taped the demolitions on 7.6.2000 as also the evidence of
              the Zonal Engineer and Executive Engineer to prove that I had
              carried out the demolitions and have not filed any affidavit nor
              have taken liberties with truth.”
C             16. This specific stand taken by the appellant has not been
      considered by the High Court at all. The appellant made this grievance
      in the review petition, but of no avail. In our opinion, it is not possible to
      hold that the demolition work undertaken on 7 th June, 2000 and
      14th September 2000 was not in conformity with the position reflected in
      the contemporaneous office submissions/record and photographs
D     submitted by the appellant to his superior authority.
             17. As a matter of fact, the appellant ought to succeed on the
      singular ground that the High Court unjustly proceeded against him without
      framing formal charges or furnishing such charges to him; and moreso
      because filing of affidavit by the appellant was supported by
E     contemporaneous official record, which cannot be termed as an attempt
      to obstruct the due course of administration of justice. Accordingly, this
      appeal ought to succeed.
            18. In view of the above, the impugned judgment and orders passed
      by the Division Bench of High Court of Delhi at New Delhi in C.M.
F     No.820 of 2001 in C.W.P. No.6734 of 2000 dated 1st June, 2001 and in
      R.A. No.6600 of 2001 in C.W.P. No.6734 of 2000 dated 10th May, 2006
      are quashed and set aside and the show cause notices issued to the
      appellant pursuant to the order of the Division Bench of the High
      Court dated 6th December, 2000 and dated 24th January, 2001 are hereby
G     dropped. Appeal is allowed in the aforementioned terms.


      Nidhi Jain                                                      Appeal allowed.




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