H.C. Pant v. Union of India
In the Central Administrative Tribunal, Principal Bench at New Delhi
OA Number 2397/2009 and MA Number 1612/2009
Before Justice V.K. Bali, Chairman, and Dr Ramesh Chandra Panda, Member (A)
Decided on December 23, 2011

Relevancy of the case: Requirement for authentication of electronic records in administrative proceedings arising out of sting operations

Statutes & Provisions Involved

• The Information Technology Act, 2000 (Section 3)
• The Constitution of India, 1950 (Article 320(3)(d))

Relevant Facts of the Case

• The applicant, HC Pant, was posted as an OSD to the Minister for State for Defence Production in 2000-2001. During this period, he was alleged to have accepted an illegal gratification of ₹20000 in a sting operation conducted by tehelka.com under the caption “Operation West End.”
• Departmental action was recommended against the applicant, and a Commission of Inquiry was appointed.
• Out of various issues before the Central Administrative Tribunal, one issue revolved around the authentication of electronic records by means of electronic method or procedure in accordance with the provisions of section 3 of the Information Technology Act, 2000.

Prominent Arguments by the Advocates

• The learned counsel for applicant contended that the application had disputed the authenticity of the alleged sting operation and the credibility of the sting operator. The applicant has also raised a concern that the management document marked as M-1 was a copy of Tehelka.com and being an electronic record, it needs to be authenticated by means of electronic method or procedure in accordance with the provisions of Section 3 of the Information Technology Act, 2000.
• The learned counsel for the Central Government stated that the application had been given all the opportunities as appropriate and no principles of natural justice have been violated.

Opinion of the Bench

• In the context of the issue with regards to authentication of electronic records, the Bench accepted the Inquiry Officer’s finding that he was satisfied with the contents of M-1 after matching it with the relevant documents.

Final Decision

• This original application is devoid of merits and is dismissed, leaving the parties to bear their own costs.

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