V.K. AGARWAL Vs. JASJIT SINGH

JUDGEMENT

(1.) BY this common order, I will dispose of two petitions i.e. Crl. Misc. No. 14160 -M of 2000 instituted by V.K. Agarwal (hereinafter referred to as accused No. 2) and Crl. Misc. No. 21154 -M of 2000 instituted by R.S. Grover (hereinafter referred to as accused No. 1) as both these petitions have been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of same criminal complaint No. 83 of 1998 (Annexure P -1) instituted by Respondent Jasjit Singh under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') pending before Judicial Magistrate Ist Class, Ambala Cantt and the consequent proceedings arising therefrom.

(2.) THE Respondent, after qualifying the Civil Services Examination in 1976, was appointed as Class -I Officer in Indian Railway Traffic Service vide order dated 16.11.1977. The Respondent belongs to ad -dharmi caste i.e. Scheduled Caste whereas both the Petitioners are non -Scheduled Caste. The Respondent was posted as Senior Divisional Commercial Superintendent, Ambala Cantt in June 1992, when he detected five cases of fraud in the Commercial Section of Ambala Division of Northern Railways. Some officials of the Commercial Section and some private persons were involved in those cases of fraud. Accused No. 2 did not like the aforesaid act of the Respondent. From the facts and circumstances, it can be presumed that accused No. 2 had a soft corner for many of the railway officials who were indicted in the aforesaid five fraud cases. Accused No. 2 was then posted as Advisor Vigilance whereas one Ashok Bhatnagar was Member (Traffic), Railway Board, New Delhi. The whereabouts of said Ashok Bhatnagar, since retired, are not known to the Respondent (therefore, Ashok Bhatnagar has not been arrayed as accused). The persons involved in the fraud cases engineered false and frivolous complaints against the Respondent with full patronage of accused No. 2 and Ashok Bhagnagar. The complaints, on inquiry, were found to be false. Accused No. 2 created pressure on the Respondent not to go further in the fraud cases. Accused No. 2 and Ashok Bhatnagar ridiculed the Respondent with very humiliating, scornful and insulting comments that being from Scheduled Caste, he acquired the said post on the basis of reservation and was going to prove himself 'Satyawadi Harishchandra'. Accused No. 2 further humiliated the Respondent by remarking that a 'Chamaar' was to be approached and requested by a higher caste officer. Accused No. 1 came to Ambala Division as Divisional Railway Manager in January, 1996. He was not party to the acts committed against the Respondent prior to it. However, accused No. 2 instigated accused No. 1 also against the Respondent on caste lines. The accused persons hatched conspiracy to cause damage to the Respondent. Accordingly, various acts and omissions, as detailed in paragraph 11 of the impugned complaint, were committed by or at the instance of the accused persons. It was got ordered that the Respondent should not be posted on sensitive posts. His name was also included in secret list. He was also ordered to be transferred to Jodhpur but the said transfer was cancelled by the Railway Minister. Respondent's representation dated 3.7.1995, against inclusion of Respondent's name in the secret list, has also not been decided on account of influence of accused No. 2. Some important functions of the Respondent were also got withdrawn by the accused persons, vide order dated 19.7.1996, which was challenged by the Respondent before the Central Administrative Tribunal (hereinafter referred to as 'the Tribunal'). Accused No. 2, while posted as General Manager, Northern Railway, New Delhi issued charge -sheets dated 24.5.1996 and 19.7.1996 on false and frivolous allegations. The Respondent challenged the same before the Tribunal. Accused No. 2, by exercising his influence, also got the Respondent transferred from higher post of Senior Divisional Commercial Manager to the lower post of Divisional Safety Officer, Ambala Division in April 1997. Respondent had to file another petition before the Tribunal impugning the said order. On 16.1.1997, accused No. 1 called the Respondent to his chamber and uttered derogatory remarks against the Respondent with reference to his caste. Accused No. 1 repeated the same acts on 10.10.1997 and 16.10.1997. Respondent had also written letters to accused No. 1 regarding harassment and humiliation of one M.M. Singh belonging to Scheduled Tribe, at the hands of one Mr. S.P. Gupta. Accused No. 1, however, gave undue shelter to Mr. S.P. Gupta and even got the Annual Confidential Report (ACR) of S.P. Gupta re -written by Additional Divisional Commercial Manager, thereby depriving the Respondent from writing the same although S.P. Gupta was subordinate to the Respondent. The Respondent was also bye -passed by accused No. 1 in the allotment of vending/catering contracts of some railway stations. Accused No. 1 also committed many other acts to make the Respondent ineffective. His many tour programmes were cancelled by accused No. 1. Even seat was not kept reserved for the Respondent for going to attend a meeting in New Delhi. No serviceable official vehicle was provided to the Respondent for site inspection etc. Respondent's name was not included in most of the important functions of Ambala Division. In April 1997, Respondent, during inspection, detected supply of sub -standard ballasts by the Contractor but thereafter he was barred from such inspections. The Respondent was also left all alone while on inspection tour to Shimla. On 12.11.1997, the Respondent was present in verandah outside his office where two contractors happened to meet him. Accused No. 1 also passed through the verandah but was not observed by the Respondent as he was talking with the contractors. Thereupon, accused No. 1, in the presence of the contractors, passed derogatory remarks loudly against the Respondent by referring to his caste, attracting attention of other employees also. The Respondent was also ordered to be transferred from Ambala to Moradabad. The Respondent filed petition before the Tribunal assailing the said transfer order. In spite of status quo order of the Tribunal, his successor was posted without relieving him. His telephone connection was also got disconnected. Respondent's salary for November 1997 was also not paid.

(3.) SOME official actions of accused No. 1 have also been narrated in the impugned complaint. However, the said official actions taken by accused No. 1 in discharge of his official duties cannot be said to constitute any offence under the Act. Moreover, no sanction for prosecuting accused No. 1, for the said actions taken by accused No. 1 in the discharge of his official duties, has been obtained, as required by Section 197 of the Code. Thus, for the alleged official actions by or at the instance of the accused persons, they cannot be prosecuted without mandatory sanction required under Section 197 of the Code. However, the Petitioners may be prosecuted without sanction for the alleged derogatory remarks attributed to them.