MALTI SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Learned Counsel for the petitioners, Learned Counsel for the State as also Learned Counsel appearing for the Employees State Insurance Corporation.

(2.) This writ petition has been filed by the petitioners challenging the order passed by the learned Judicial Magistrate, Patna on 07.12.1998 in Complaint Case No. 1539(M)/1998, whereby, the cognizance has been taken under Section 85(g) of the Employees State Insurance Act against the accused petitioners (Annexure-8). The petitioners have also challenged the sanction order passed by Respondent No. 3, the Regional Director, Employees State Insurance Corporation, Patna, as contained in the Sanction Memorandum dated 26th November, 1998, whereby, the sanction was accorded for prosecution of the petitioners under the said Act (Annexure-7).

(3.) From perusal of the Sanction order, which has been brought on record, as Annexure-7 to this writ petition, it appears that the petitioners, who were the principal employers in the factory, namely, M/s. Peak Electronics Pvt. Ltd., Giridih, had violated the directions to produce the relevant records for inspection as required under Section 45(2) of the Employees State Insurance Act, for which the prosecution of the petitioners was sanctioned by the respondent No. 3, pursuant whereto, complaint case had been filed bearing Complaint Case No. 1535 (M) of 1998 against the petitioners in the court of competent jurisdiction at Patna.