P. SHANMUGANATHAN Vs. STATE

JUDGEMENT

(1.) Seeking to quash the case in C.C. No. 2627 of 2014 on the file of the learned Chief Metropolitan Magistrate, Chennai, the petitioner who is the sole accused in the case, has come up with this petition. The respondent has filed the said case by way of a private complaint alleging that the petitioner had committed offence punishable under Section 92 of the Factories Act.

(2.) I have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. Having regard to the legal issues involved in this case, Mr. A. Ragunathan, learned senior counsel was requested by this Court to act as Amicus Curiae and accordingly he has made his submissions as well.

(3.) The short facts necessary for disposal of this petition are as follows: Chennai Port Trust/Harbour, Chennai is admittedly a factory in terms of the Factories Act. The same has been registered as a factory under the provisions of the said Act. The petitioner Mr. P. Shanmuganathan is the Chief Mechanical Engineer. The Chennai Port Trust submitted Form No. 2 viz., "Application for Registration and Grant or Renewal of Licence for the year 2012 and Notice of Occupation specified under Sections 6 and 7" specified under Sections 3 & 7 of the said Act. In the said Form No. 2, the petitioner Mr. P. Shanmuganathan, the Chief Mechanical Engineer has been specified as the 'occupier' of the factory viz., the Chennai Port Trust as per Section 2(n) of the Act. The petitioner was appointed by the Government of India under office order No. 09/2011 dated 03.08.2011. The said appointment order has been made by the Under Secretary to the Government of India, Ministry of Shipping, in exercise of powers conferred under Section 24(1)(a) of the Major Port Trust Act, 1963. Thus, admittedly, the petitioner is a public servant removable only by the Central Government.