LAWS(P&H)-2013-8-1049

I S KANG AND OTHERS Vs. SANGEETA SHARMA

Decided On August 20, 2013
I S KANG AND OTHERS Appellant
V/S
SANGEETA SHARMA Respondents

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C for quashing of criminal complaint No.1844/2010 dated 22.02.2010 as well as summoning order dated 16.04.2010 passed by the Chief Judicial Magistrate, Chandigarh, vide which, the petitioners have been summoned for offences under Sections 465, 471 read with Section 34 IPC.

(2.) Briefly, the facts of the case, as mentioned in the complaint, are that complainant-Sangeeta Sharma was appointed as Delivery Assistant on the basis of her interview. She was on probation for a period of six months and thereafter, she was appointed in the Branch Office, Chandigarh and joined her duties on 18.03.1998. She was being paid salary @ Rs. 1800/- per month excluding conveyance and tea allowances.

(3.) The complainant was not issued any appointment letter. Her services were confirmed by the Management on 31.03.1998 on the basis of her performance. Thereafter, her salary was also increased to Rs. 2,155/- per month and again to Rs. 2,390/-. She went on leave on medical ground on 01.06.1999 and during this period, she remained admitted in P.G.I. Chandigarh. An application was submitted for leave from 01.06.1999 till recovery from illness which was sanctioned by the Branch Manager. During this period, she availed maternity leave which was also sanctioned by the Branch Manager. She was declared medically fit to resume her duty on 31.01.2000 and she submitted her joining report to Branch Manager, Chandigarh on 01.02.2000. She was asked that she will receive the posting orders at her residence. Thereafter, she contacted the authorities concerned and was told to join at Panchkula office but she showed her inability to join there as her appointment was in the Branch Office, Chandigarh. She was not allowed to join her duties even at her previous place of posting in spite of submitting various representations.