R. C. BAHRI Vs. PRABHU SINGH

JUDGEMENT

(1.) This petition under section 482 Cr. P. C. has arisen in the following circumstances

(2.) The Non-petitioner Prabhu Singh was in the employment of Hindustan Copper Project, Khetri as an automobiles driver. A departmental inquiry was instituted against him and he was reverted to the post of a helper by way of punishment by an order dated 29th Sept. 1974, made by the petitioner Ramesh Chand Bahri, who was then the Deputy General Manager and therefore, the appropriate Disciplinary Authority.

(3.) The non-petitioner filed a complaint in the court of the Judicial Magistrate, Khetri, on 15-10-74 against four persons. The learned magistrate took cognizance only against the present petitioner and I need also not go in to the case of remaining accused persons as it is not relevant for the present purpose. The case of the complainant was that in the aforesaid order of punishment, the petitioner Bahri did not mention the name of the appellate authority to which an appeal to that order lay and the time within which such appeal should be submitted. To make a mention of both these facts, was a direction contained in clause 39 (12) of the certified standing orders which have the force of law. Bahri is thus said to have violated a direction of law. It is further alleged that Bahri did so in order that the complainant non-petitioner may not be able to seek legal redress and thus injury and loss be caused to him. All this was done with the motive of harassing the members of the Rashtriya Khetri Tamba Project Mazdoor Sangh, of which the complainant was a member. It was complained that the action of the petitioner Bahri fell, within the mischief of section 166 IPC.