M.K. SHARMA Vs. SANGEETA GUPTA

JUDGEMENT

(1.) THESE four petitions under Section 482 of the Code of Criminal Procedure (Cr.PC) arise out of same set of facts and are accordingly being disposed of by this common judgment. The prayer in Crl M.C. Nos.7834-35/2006 and Crl M.C. No. 8473/2006 is for the quashing of Criminal Complaint No.946/1/06 titled Smt. Sangeeta Gupta v. Ms. Navneet Kaur & Ors. under Sections 500 and 501 read with Sections 34/120-B IPC pending in the Court of Mr. Ravinder Singh, learned Metropolitan Magistrate (MM), Patiala House Courts, New Delhi insofar as the petitioners are concerned. The prayer in Crl.M.C. Nos. 7836-37/2006 and 8474/2006 is for the quashing of Criminal Complaint No.281/1/06 titled Smt. Rachita Sharma v. Ms. Navneet Kaur & Ors. under Sections 500 and 501 read with Sections 34/120-B IPC pending in the Court of Mr. Ravinder Singh, learned Metropolitan Magistrate (MM), Patiala House, New Delhi insofar as the petitioners are concerned.

(2.) THE background to the filing of the above complaints is that the parties, i.e., the complainants Sangeeta Gupta and Rachita Sharma and the accused M.K. Sharma, Anupama Sharma and Navneet Kaur (Petitioners herein) were at the relevant time, employees of the Electronics and Computer Software, Export Promotion Council (ESC) an autonomous organization under the Department of Information Technology, Ministry of Communications and Information Technology, Government of India. The complainants Sangeeta Gupta and Rachita Sharma joined ESC initially on daily wage basis and were thereafter regularised on the post of Junior Technical Assistant in September, 1994. Each of them was subsequently promoted to the post of Assistant in January, 2003. M.K. Sharma, petitioner No.1, in Crl. M.C. No.7834-35 and 7836-37/2006 was at the relevant time working as Deputy Director and Head of Finance and Administration ESC till 30th December, 1997 when he was reverted to the parent department, i.e., Department of Information Technology as Deputy Finance Advisor. He thereafter took voluntary retirement in January, 2001 and with effect from 30th January, 2001 he joined ESC as Head Finance and Administration the rank of Director. He eventually retired on 31st August, 2006. Petitioner No.2 Anupama Sharma joined ESC in July, 1997 as Senior Clerk and left the services in July, 1998. Navneet Kaur (the petitioner in Crl.M.C. No.8473/06 and 8474/06) was working as Assistant Director in ESC since 1993. She initially joined the said organization as a Consultant.

(3.) ACCORDING to Navneet Kaur no action was taken by the Chairman ESC on the representation made to him by her on 3rd September, 2004. Consequently, she filed a complaint on 14th September, 2004 before the Secretary, DIT invoking the jurisdiction of the Committee constituted pursuant to the guidelines issued by the Supreme Court of India in Vishaka v. State of Rajasthan, III (1997) CCR 126 (SC) : 1997(6) SCC 241. On this representation the Secretary, DIT directed Ms. Madhu Mahajan, DIT, Government of India to enquire into the matter.