DIGAMBER JAIN SABHA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) BY an order dt. 20th May, 1983 I had, quashed the impugned order passed by the Executive Magistrate under Section 145 of the Criminal P. C. I now proceed to give the reasons.

(2.) SHRI Digamber Jain Sabha, Shimla, is a Society (referred to as the Society) registered under the Societies Registration Act. Shri M. D. Jain is the Secretary of the Society. The Society had been running a free Homoeopathic dispensary known as Shri Digamber Jain Free Homoeopathic Dispensary, Simla, in the building known as Shri Digamber Jain Dharamsala Building, Simla. It had employed one Dr. G. K. Kohli, a Homoeopath, to run the dispensary. He was employed on 15th June, 1967. At one time Dr. Kohli left the service but was reemployed on 16th Aug. 1973: On 10th Oct. 1982 the Executive Committee of the Society took a decision to close the Homoeopathic dispensary and open either an Allopathic or Ayurvedic dispensary. This decision was approved by the general body of the Society in its meeting held on 23rd March, 1983. The result was that the services of Dr. Kohli were terminated on 1st April 1983 and he was offered one month's salary in lieu of the notice according to the terms of his employment. But Dr. Kohli refused to accept the salary. He also refused to hand over the charge of the dispensary. On the other hand on 2nd April 1983 Dr. Kohli put his lock on the door of the dispensary,

(3.) ON 3rd April 1983 Dr. Kohli went to the police station Sadar, Simla, and lodged a report at 10. 30 A. M. This was recorded at serial No. 6 of the daily diary of the police station. Briefly stated, the report is to the effect that he (Dr. Kohli) had been working in the Homoeopathic dispensary for about 13 years. In 1981 he became the Registrar and so all the members of the Executive of the Society became jealous and wanted to get rid of him. It was stated that the Society had given, him a notice terminating his service and he was asked to hand over the charge of the dispensary. It, was also averred that they wanted to take forcible possession of the dispensary. The police found that the dispute was of a civil nature and was non-cognizable. A copy of the report was handed over to Dr. Kohli and he was advised to approach the court. In order to ensure that there was no breach of peace, it was decided to advise the Managing Committee of the Society.