On January 28, 1970, the appellant filed an application in the High Court praying that orders may be passed under Section 479 A of the CrPC 1898, directing that the respondent be prosecuted under Section 193 of the Penal Code on the ground that the statements made by him in the companynter affidavit were to his knowledge false.
The respondent, who was then an Assistant Secretary to the Government of Andhra Pradesh in the Public Works Department, swore to a companynter affidavit on behalf of the five respondents in the writ petition.
The writ petition was dismissed by the High Court but the appellant carried the matter to this Court and on remand, the writ petition eventually succeeded and the order of reversion passed by the Andhra Pradesh Government was set aside by the High Court.
He stated in that affidavit, inter alia that grave charges of misbehavior were made against the appellant by one Miss. G. L. Narayanamma, that the case in regard to those charges was pending in the Court of the Eighth City Magistrate, that the appellants services as an Assistant Engineer were found unsatisfactory since November, 1963 and that the order of reversion was passed because his service record was number satisfactory.
V. Chandrachud, J. The appellant had filed writ petition No.
205 of 1967 in the High Court of Andhra Pradesh for challenging the order of his reversion from the post of Assistant Engineer to that of a Supervisor.
The High Court by its judgment dated July 7, 1970 dismissed the application and being aggrieved thereby, the appellant has filed this appeal by special leave.
