D R RAO Vs. G SOMI REDDY

JUDGEMENT

(1.) This criminal revision case arises out of the petition filed before the Judicial First Class Magistrate, Kothagudem who dismissed the case being withdrawn pursuant to G.O.Rt. No. 3384 dated 15-12-1982. The facts culminating in this petition may be briefly stated : 2. The petitioner herein is the occupier and the Chief Personnel Manager of Bhadrachalam Paperboards Limited. The prosecution is launched for not notifying certain vacancies to the Employment Exchange in accordance with the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959. The Company is obligated to notify the vacancies as and when the vacancies arise. It is stated that the appropriate authority inspected the premises on 9-9-1981 and 10-9-1981 and after verification of the records, it is found that certain vacancies have not been notified. On the basis of this report, C.C. No. 270/82 is filed on the file of Xth Metropolitan Magistrate, Secunderabad with respect to certain managerial posts. Another case for not complying with the provisions of this Act has been filed as C.C. No. 639/82 before the Judicial First Class Magistrate, Kothagudem. The Government passed G.O.Rt. No. 3384 dated 15-12-82 wherein it is stated as follows : "Government have decided that the prosecution launched against M/s. Bhadrachalam Paper Boards Limited in C.C. M.C. No. 270/82, on the file of Xth Metropolitan Magistrate Court, Secunderabad be withdrawn.

(2.) The Collector, Hyderabad District is requested to instruct the Law Officer attached to the concerned Court to take necessary action under S. 321 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974)."

(3.) In accordance with this G.O., the case before the Xth Metropolitan Magistrate, Secunderabad was withdrawn. At the time when the case was withdrawn at Hyderabad the summon in Kothagudem case, that is, C. C. No. 639/82 was not served. After the summons were served the case was taken up on file before the Judicial First Class Magistrate, Kothagudem. When the case is taken up, a petition has been filed stating that the case may be dismissed as withdrawn, pursuant to G.O.Rt. No. 3384 dated 15-12-82. The learned Magistrate declined to do so.