RANGESH SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this application under S.482, Cr. P.C. applicants, Rangesh Sharma, Assistant Engineer, Meters Vidyut Parikshan Sakha Etah and Mahendra Deo Sharma, Executive Engineer, Vidyut Parlikshan Khan, Mainpuri have prayed for quashing the order of the learned Judicial Magistrate, Etah dt. 6-6-85 (Annexure-3) in Criminal Case No. 1904 of 1984 and the order dt. 5-3-86 (Annexure-4) passed by learned V Addl. District Judge, Etah. The appellants have also prayed for quashing the complaint Annexure 15-2-80 filed by Opposite Party No. 2 Jagdish Chandra Sharma filed under Ss.466/467/420/218/427, I.P.C.

(2.) Facts as they are revealed are that opposite party No. 2 Jagdish Chandra Sharma was working as Junior Meter Tester in the office of the Electricity Test Division, Etah, Applicant No. 1 Rangesh Sharma was posted there as Assistant Engineer (Meters) in the said division while applicant No. 2 Mahendra Deo Sharma was the Executive Engineer Electricity Test Division, Mainpuri. It transpires that per order dt. 24-3-77 the U.P. State Electricity Board (hereinafter referred to as the Board) in supercession of D.O. No. 3576-F/EE-B-207/1963 dt. May 29, 1963 issued the above order dt. March 24, 1977 by which considering the fact that the post of Meter Reader, Sub-Station Attendant, Switch Board Attendant, Junior Meter Tester and Repairer enjoy the same qualification and scale of pay, formed a combined cadre of such personnel. A combined seniority list of these four categories of employees was also directed to be prepared and it was also made clear that these four categories of employees shall be interchangeable. Copies of this order were sent for information and guidance of Field Officers and also for ensuring that none of the aforesaid categories are allowed to remain at a particulars post for more than three years keeping the administrative point of view. According to the above Board order dt. 24-3-77 on S-1 M.D. Sharma, Superintending Engineer and in view of the Administrative work Jagdish Chandra Sharma opposite party No. 2 who was posted as Junior Meter Tester vide Officer Memo No. 10803/E.L.C.(M) dt. 8-7-78 was transferred vide offence Memo No. 11981-ELO E-2 dt. 31-7-78. He was transferred and posted on his original post under the Electricity Distribution Sub-Division I Etah as Sub-Station Attendant with immediate effect in the interest of the work.

(3.) Aggrieved opposite party No. 2 filed a writ petition in the Lucknow Bench of the High Court and the following order was passed on 8-9-78 :