Rajesh Tandon, Chairperson - (1.) HEARD Mr. Pavan Duggal, Advocate assisted by Mrs.Renu Narula, Advocate for the appellant, Mr. Vakul Sharma, Advocate assisted by Ms. Seema Sharma, Advocate for respondent No. 1 and Mr. Sajan Poovaya, Advocate assisted by Mr. Parveen Sherawat, Advocate and Mr. Akhil Anand, Advocate for respondents Nos. 2 and 3. By the present appeal, the appellant has prayed for a direction to respondent No. 1, Controller of Certifying Authority to investigate the various contraventions of the provisions of the Information Technology Act,2000 as detailed in the complaint of the applicant to the Controller of Certifying Authority dated 23.9.2009 and further direction to respondents 2 and 3 to assist the respondent No. 1 in its investigations of the various contraventions of the provisions of the Information Technology Act,2000, as detailed in the complaint dated 23.9.2009.
(2.) BRIEFLY stated the facts leading to the present appeal are that the appellant is a member of IPAG, the Planning Group of Electronics Commission under the Ministry of Information Technology, Government of India and he has claimed to have contributed to planning of the Indian Electronics Industry. At present he is working at Mascon Global Limited as Senior Vice President. According to the submissions of the appellant, he has received various emails through his employer Mascon Global Limited apparently sent by email ID avinash.agnihotry@ gmail.com. Counsel for the appellant has submitted that some un -known persons have falsely, dishonestly and fraudulently fabricated and created the e -mail ID avinash.agnihotry@gmail.com registered in the name of the appellant by submitting false and mischievous information. By registering a forged email ID being avinash.agnihotry@gmail.com, the said unknown persons have sent a defamatory, derogatory and obnoxious e -mail to a distinguished personality, representing an important investor of the applicant's company Mascon Global Limited with a view to demolish and finish the reputation of the appellant's employer company Mascon Global Limited and its Chairman and CEO Shri Sandy K Chandra. By using the said fictitious email identity avinash.agnihotry@gmail.com, an email was sent on Ist December,2008 at 9.50 PM to Christian Hansmeyer with subject titled as "MGL is dire straits -Needs urgent action to save." The said e -mail stated as follows: - MGL is falling apart every day as we speak thanks to a thug and jerk called Sandy chandra who is neither a leader nor a professional. He just wants to loot the company as quickly as possible and will take the whole company along with its investors, employees and clients down. He has become a tyrant, a dictator and is not willing to listen to anyone. You are the only hope because you are a large share holder and probably have some rights. If you combine with other shareholders such as laurus, Mr. Nirmal Sethia of London, Investec of London, you may be able to do an open offer for the company and have Dr.Nandu of US (original founder) run the company. Please get in touch with him as soon as possible before it is too late and protect your investment. Nandu works closely with all senior management and he has everyone's (including leaders of new acquisitions -Ed Hoofnagle of EBW, Ajay Gupta of SDG, Chakri of jas confidence. Pl. let us know if we can be of any further help.
(3.) RESPONDENT No. 1 has filed the reply to the appeal inter alia raising preliminary objection stating therein that the present appeal is void ab initio as the appeal can be filed under Section 57 of the Information Technology Act only against an order of the Controller that too as per the Chapter relating to Digital signature. In the instant case since no order has been passed by the Controller, no appeal can be filed. The appellant has failed to enclose any order passed by the Controller, which could be made subject matter of this appeal and thereby making mockery of all established legal principles and procedures. Further, the appellant without even waiting for a reasonable time for the Controller to investigate the complaint and pass an order, filed this appeal against the respondent No. 1. The appellant by his own admission admitted that he has filed a complaint before the Controller on 24th September,2009 and has approached this Tribunal by filing this appeal on 24th September,2009 seeking relief against the Controller of Certifying Authority.;