BASHISTHA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard. This application under Section 482 Cr.P.C. has been filed to quash the order, dated January 17, 2004 passed by Chief Judicial Magistrate, Darbhanga in S.O. Case No. 546 of 2003, Trial No. 354 of 2004 thereby and thereunder cognizance has been taken against the petitioner and others under Section 10(1)(a) of the Equal Remuneration Act, 1976.

(2.) The complaint petition lodged by opposite party No. 2, Labour Enforcement Officer, Patna goes to show that at the relevant time, this petitioner was posted as Chief Manager, S.B.I., Main Branch, Darbhanga and the other accused Shri K.C. Raut was posted as Chief General Manager, S.B.I., Local Head Office, Patna. On December 10, 2002, the: opposite party No. 2 inspected the Branch Office, Darbhanga and found that the accused persons had violated the provision of Section 10 of the Act, 1976 by not maintaining register in Form-D as required under the Act.

(3.) Accordingly, the opposite party No. 2 on January 21, 2003 issued show cause notices upon the accused persons for rectification of irregularities but they failed. Accordingly, after obtaining required sanction the opposite party No. 2 filed a complaint before the Court of C.J.M., Darbhanga on December 15, 2003.