ADMINISTRATOR MUNICIPAL CORPORATION Vs. RAFIQUE AHMAD

JUDGEMENT

(1.) THIS is a revision petition under Section 439 of the Code of Criminal Procedure against the order dated 28-1-1973 passed by Magistrate First Class, Bhopal in a Misc. Criminal Case.

(2.) THE non-applicant Rafique Ahmad is an employee of the Municipal Corporation, Bhopal (hereinafter referred to as 'the Corporation' ). On a report made by the Corporation against the non-applicant Rafique Ahmad, the police has registered an offence under Section 409 of the Indian Penal Code for committing criminal breach of trust in respect of the funds of the Corporation. The non-applicant was arrested on 1811-1972 and the investigation is still proceeding. No challan has, however, been filed so far by the police against the non-applicant.

(3.) ON 23-10-1972, the non-applicant was suspended by the Corporation and departmental enquiry was commenced against him. He has been served with a charge-sheet and has been called upon to explain the charges against him. On 11-1-1973 the non-applicant filed an application before the Magistrate for restraining the applicant from continuing the departmental enquiry against him on the following grounds: