JOG RAJ Vs. USHA JEOL AND ORS.

JUDGEMENT

(1.) PETITIONER , Dr. Jog Raj @ Yog Raj, has filed the present revision petition against the impugned judgment dated 19.03.2013 passed by learned Additional Sessions Judge, Kapurthala whereby his appeal against the judgment dated 07.05.2010 passed by the learned Special Judicial Magistrate, Kapurthala acquitting the respondents -accused was dismissed.

(2.) BRIEFLY stated, that the petitioner -complainant while posted as a Senior Divisional Medical Officer at RCF Hospital, Hussainpur from 4.6.1994 till 11.1.1999, has been discharging his duties diligently, honestly and will full respect and honour. In the staff, respondent No. 3 -Smt. Surjit Agnes (Materon) of the hospital had some verbal quarrel with one employee, namely, Ganesha Singh. She lodged an FIR No. 44, dated 14.09.1996 under Sections 186, 354 and 506, IPC in Police Station Sadar, Kapurthala against that employee. The complainant appeared as a defence witness in that case and ultimately on 28.4.1998, Ganesha Singh was acquitted by the trial court. It is on account of this grudge, respondent No. 3 started making false complaints against the petitioner -complainant. Petitioner -complainant has stated in his complaint that on 31.5.1998 when he had conducted in a routine manner, he found behaviour of accused No. 2, namely, Anjleena to be rude and arrogant with some other irregularities. He also found the said employee absent. Similarly, on 1.6.1998, he found Smt. Usha Jeol, Nursing Sister not in proper uniform while on causality duty and she was found playing with a child during duty hours. She was also found using filthy language against the doctor in the presence of the patients and certain other irregularities. Accordingly, petitioner issued a letter to accused No. 1, Smt. Usha Jeol, regarding these irregularities and her behaviour. He also changed the duties of staff nurse on administrative grounds. In view of the aforesaid harsh action, all the accused with common intention, hatched a conspiracy to defame him (complainant/petitioner) and to lower the image of the complainant, in the eyes of the employees, who were working in the Rail Coach Factory, relatives and colleagues. All the accused started making false and baseless complaints and representations to the higher authorities and started openly defaming the complainant in order to lower his image and spoil his reputation. On 8.6.1998, accused Nos. 1 to 5 in connivance with respondent No. 6 made a false complaint alleging therein that the complainant is behaving rudely and saying that the complainant is their friend and further used abusive and derogatory language. The false and defamatory language used by him as under: -

(3.) THIS complaint was forwarded to Smt. Mamta Banerjee, Chairman, Standing Committee, Railways, with a forwarding letter of Jaswant Singh, accused, under their own signatures. On 17.10.1998, all the accused again in connivance with Jaswant Singh, accused made a false complaint to Union Minister of State for Railway, New Delhi alleging misbehavior and insulting language being used by the complainant. This was totally false and baseless complaint. Besides the above allegations, all the accused were responsible for the publication of insulting defamatory news in "The Tribune" on 5.12.1998 and 9.1.1999 and also in "The Hindustan Times" Newspapers on 9.1.1999. Upon these allegations, inquiry was conducted and the complaint was found false. Accused Jaswant Singh in his forwarding letter dated 23.6.1998 to Chairman Standing Committee, Railways, New Delhi has alleged that the complainant has made embezzlement in the hospital store. All the allegations levelled by the accused person in the complaint were found false and on account of these false allegations, reputation of the complainant has gone down in the eyes of public, friends, relations and employees of the Railways. On account of defamatory allegations, he fell sick due to depression and remained sick on Railways Roll from 9.1.1999 till 25.8.2000. Thereafter, he was transferred from the post on 7.1.1999 and he could not join his duties at Ferozepur due to depression and sickness.