BRIJMOHAN BHASIN Vs. ANUPAM KUMAR VERMA

JUDGEMENT

(1.) SHRI P. R. Bhave appears for the petitioner.

(2.) BY the order dated 13th April, 2000, issued by the Ministry of Public Health and Family Welfare, Government of Madhya Pradesh, which is marked as Document A, this petitioner stood transferred from Sidhi to Chhindwara and the non -applicant stood transferred from Dewas to Ujjain. Thereafter, by another order dated 9th June, 2000, which is marked as Document D, the aforesaid Ministry transferred this petitioner from Sidhi to Chhindwara, by modifying the earlier order dated 13 -4 -2000, subject to this condition that in case the officers have already taken charge in compliance to order dated 13 -4 -2000, the subsequent order dated 9th June, 2000, will not come into force. Then the petitioner informed the Principal Secretary, Public Health and Family Welfare by letter dated 5th October 2000, in respect of non -co -operation and absence of respondent and thereby precluding the petitioner from taking the charge at Chhindwara in compliance to order dated 9th June, 2000. In this letter dated 5th October, 2000, it is found stated on behalf of this petitioner that by playing a deception, the respondent did obtain the charge at Chhindwara on 18th August, 2000.

(3.) IT is submitted by Shri Bhave that no offence punishable under section 500 of the Indian Penal Code may be taken to have been prima facie proved on the basis of the aforesaid letter dated 5th October, 2000, written by this petitioner and therefore the proceeding of Criminal Case No. 3128/2001, pending in the Court of C.J.M. Chhindwara against this petitioner, may be quashed. It is also submitted by Shri Bhave that respondent is 57 years old, who would be retiring in the next year and this petitioner is also 54 years of age therefore, in case the proceedings are not quashed, these two doctors would unnecessarily face the hardship of attending the Court.