VIJAY KUMARI MAGEE MS Vs. S M RAO

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has a bundle of grievances, starting from the acquittal of respondent No. 1 (Principal Manager, Victoria Senior Secondary School) by Addl. Sessions Judge, Delhi,before whom appeal was filed by this respondent against her conviction by the Metropolitan Magistrate under Section 341 of the Penal Code. Against that order of acquittal, the appellant approached the High Court in appeal; but the High Court has dismissed the same on the ground that the appellant has no right to file appeal. Some observation has also been made on the merits. The High Court, ultimately found no illegality in the order of acquittal passed by the learned Addl. Sessions Judge.

(3.) As the alleged offence related to locking of a room which was admittedly in possession of the appellant at one point of time, other grievances of the appellant are in a way consequential to the wrong which according to her, was committed in keeping her out. There were some goods in the room;and so damages for non-return/stealing of the same have been claimed. The further links in the chain of grievances are that because of the high handedness the appellant even came to be dismissed from her job of teacher in Queen Mary School, though the room which was being occupied was a part of the hostel of Victoria Senior Secondary School. The dismissal caused loss of the emoluments of the job in question; it also resulted in denial of Queen Mary. The appellant would, therefore,like to get back her job, not only of a teacher, but of the Principal and the entire pay of that post with interest @ 18% per annum. She has further prayed that she had to file this and another litigation for about 1 and 1/2 decades by now and so, appropriate amount should be awarded towards expenditure of litigation, apart from damages for mental agony undergone. Re-imbursement of the rent, which she had to pay to accommodate herself in alternative place is also desired.