WORKSHOP INSTRUCTOR Vs. S.K.MISHRA

JUDGEMENT

(1.) Complaint case filed on 2/7/1994 by non-applicant S.K. Mishra who was posted as Technical Assistant in Government Engineering College, Raipur goes to show that on 2/1/1993 the applicant herein who too was an employee of the same institution posted as the Workshop Instructor had demanded key of the laboratory from the non-applicant No.1 and on refusal by him for the genuine reason the applicant made certain imputations against him such as being the President of the Employees Union he was charging Rs.50.00 but issuing the receipt for only Rs.10.00; that he was involved in selling and consuming Ganja in the laboratory; and also branded him a rustic and tribal fellow. Not only this, the complainant was also threatened by the applicant of being deprived of the job.

(2.) Learned Magistrate while taking cognizance of the matter recorded statements of the complainant and other witnesses and thereafter found the accused/applicant guilty of the charges made against him vide judgment dtd. 18/3/2005. While holding the accused/applicant guilty under Sec. 500 IPC though no sentence of imprisonment was imposed yet he was directed to pay fine of Rs.10.0000/-, coupled with default sentence. Appeal preferred by the accused/applicant also did not provide him any reprieve and being that the findings of the Magistrate were ultimately affirmed by the judgment impugned herein dtd. 21/8/2004. Hence this revision.

(3.) Counsel for the accused/applicant submits that both the Courts below have convicted the accused/applicant under Sec. 500 IPC without obtaining proper sanction to prosecute him, which is contrary to the requirement of law. He submits that the applicant being a Government servant would suffer irreparably if the conviction slapped on him is not brushed aside by this Court. In support of his submission, counsel for the applicant relied upon the decisions of the Apex Court in the matters of Rajendra Kumar Sitaram Pande Vs. Uttam and another,1993 3 SCC 134 ; Birla Corporatin Ltd. Vs. State of Rajasthan , 1999 3 SCC 138 ; Director of Inspection & Audit and others Vs. C.L. Subramaniam , 1994 Supp3 SCC 615 .