SWETA KUMARI GUPTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ajay Kumar Sah, learned counsel for the petitioner, Mr. Jitendra Pandey, learned counsel for the State and Mr. Robin Kumar, learned counsel for opposite party no.2.

(2.) This petition has been filed for quashing the entire criminal proceedings in connection with Complaint Case No.1738 of 2016 including the order dtd. 18/2/2019 passed by the learned Chief Judicial Magistrate, Ranchi whereby cognizance has been taken under Sec. 504 of the Indian Penal Code against the petitioner, which is pending in the court of the learned Chief Judicial Magistrate, Ranchi.

(3.) The complainant filed the complaint alleging therein that on 6/6/2015, meeting of Establishment Committee of Deputy Commissioner was held wherein the complainant who was posted at Namkum block was transferred to Jan Shikayat Koshang as Clerk in the office of the Deputy Commissioner, Ranchi. On 22/7/2015, the complainant intimated the Deputy Commissioner vide letter dtd. 22/7/2015 about the difficulty in handling two offices simultaneously as the complainant was posted at G/12 and also Room no.212 on Collectorate building, bu the Deputy Commissioner did not take any action. Vide letter dtd. 25/7/2015, Sweta Gupta requested the Deputy Commissioner to transfer the complainant to outskirt as the complainant is habitual absentee from office. The Deputy Commissioner vide letter dtd. 3/8/2015 suspended the complainant and posted him at Headquarter Lapung Anchal without issuing any show cause notice. It was further stated that although Sweta Gupta alleged the complainant to be habitual absentee from work, but the biometric system of attendance reflect that the complainant was regular employee. Vide letter dtd. 1/9/2015, the complainant was released from suspension and was posted at Bundu Block office. The complainant filed show cause reply to the Additional Collector. It was also alleged that when the conducting officer demanded evidence against the complainant, Sweta Gupta did not give reply and till date no evidence has been produced. It was further alleged that the complainant has been harassed and tortured by the accused person which has resulted in mental agony and tension.