A. PASAYAT, C. J.

( 1 ) REFUSAL by the Central Administrative Tribunal, Cuttack Bench (in short, the 'tribunal') to initiate a proceeding under Section 340 of the Code of Criminal Procedure, 1973 (in short, the 'code') has led to filing of this appeal, Appellant prayed before the Tribunal to initiate a suo motu preliminary enquiry under Section 340 of the Code relating to the alleged offence of perjury committed by the respondents by filing their reply dated 27-11-1996 along with letters dated 14-8-1996, 23-8-1996 and 10-10-1996 before the Tribunal in O. A. No. 499 of 1996 which contained false statements and referred to forged and non-existent document. Grievance is that in O. A. No. 499 of 1996 pending before the Tribunal, respondents have stated in their counter that the notification dated 2-3-1965 relied upon by the applicant in that case is non-existent and the correct circular dated 2-3-1965 has been enclosed to the counter. According to the respondents the correct circular dated 2-3-1965 deals with giving preference to handicapped persons in Government employment whereas the case of the applicant in the original application is that the circular dated 2-3-1965 is for giving