JAI PRAKASH MITTAL Vs. STATE

JUDGEMENT

(1.) THE petitioner No. 1 is a superintendent of Education and petitioner No. 2 is a clerk in his office. Respondent No. 2 Sukhdas is the Head Master of the Junior Basic Balak Vidyalaya, No. 4 Gangeru Road, Police Station Kandhla, district Muzaffarnagar.

(2.) THE allegations as set out in this petition are that petitioner No. 1 had inspected the institution of respondent No. 2 and he found certain irregularities therein with the result that he warned him on two occasions. Subsequently, respondent No. 2 began to make false and frivolous applications against the petitioner to the higher authorities. It is alleged that respondent No. 2 belongs to the schedule caste community. A report was filed by respondent No. 2 vide annexure 1 against the petitioners No. 1 and 2. THE substance of this report disclosed that the allegation against the petitioners were that they had called respondent no. 2 to be a very mean man who deserves to work at Bhatta and mend hoes. On the basis of these allegations it was alleged that an offence under section 3/4 of the Untouchability (Offences) Act of 1955 has been committed. In pursuance of this report a charge sheet has subsequently been framed on 10-7-1975 vide annexure 1 filed along with the counter affidavit. Aggrieved thereby the petitioners have approached this court.