M L SHANKHLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant misc. petition has been filed on behalf of the petitioners who are/were employed/engaged as officers in the Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (for short referred to hereinafter as 'the company') which is a Government of Rajasthan undertaking formed under the Indian Electricity Act and thus, are all public servants within the meaning of Section 21 of the IPC. By way of the instant petition, the petitioners are seeking quashing of the FIR No. 269/2011 registered against them at Police Station Basni, District Jodhpur for the offences under Sections 408, 420, 467, 468, 471, 389 and 120B, IPC.

(3.) Briefly stated the facts of the case are that the complainant/respondent No. 2 Shri Kishore Singh, a superannuated employee, was initially posted as a Junior Accountant in the company. Prior to his superannuation, the respondent No. 2 was entangled in litigation with the company in relation to the issues involving stoppage of his grade increments, regularisation for a period of absence and transfer etc. He filed a writ petition in this Court being S.B. Civil Writ Petition No. 2992/2003, inter alia claiming salary and regularisation for the unauthorised absence for a period of 16 months and also assailing his transfer order. The said writ petition was rejected by this Court. The respondent No. 2 filed another writ petition before this Court being S.B. Civil Writ Petition No. 140/2007 wherein this Court by order dated 8-3-2007 permitted him to make a representation to the company raising all his issues. Accordingly, the respondent No. 2 submitted a representation to the Chairman and Managing Director of the company. The representation moved by the respondent No. 2 came to be decided by the order dated 23-5-2007 which has been annexed to the instant misc. petition.