On 23rd September 2020 a bench of Justice Shri Prashant Kumar Mishra & Justice Shri Gautam Chourdiya, in the case of Hemshankar Deshlahra v. Amar Agrawal & Ors. held that any order passed by the superior authority against the subordinate employee who coincidentally happens to be a member belongs to SC/ST community would eventually lead to a criminal complaint, if such complaints are entertained.
Factual Background
Brief facts, as appearing in the complaint preferred by the petitioner against the respondents, who are former Minister, Secretary level IAS Officers and other senior officers of the Department of Urban Administration & Development, Government of Chhattisgarh, are that the petitioner was posted in District Raipur and before that at Mahasamund. According to the petitioner, the Minister and other officers of the concerned department harassed and traumatized him by issuing notices, suspending him, and constituting departmental enquiry on frivolous & non-existing grounds knowing fully well that he belongs to the Scheduled Caste community. The departmental enquiry was completed against him by conducting an hour proceeding and was not reinstated in service denying his fundamental rights. He was wrongly sent on deputation and the recommendation issued by the Chhattisgarh State Scheduled Caste community was ignored. He was deliberately humiliated by posting him under his junior. While refusing to take cognizance of the complaint the learned Special Judge has referred to the enquiry report submitted by the SC/ST Police, Raipur, in which it was opined by the police that there is no material to substantiate that the officers have deliberately and mala fidely harassed the complainant/petitioner herein. It is also observed that the matter relates to the petitioner's posting, service conditions, suspension, promotion, etc.
Submissions on behalf of the Appellant
The petitioner reiterated the same submissions, which he has mentioned in the complaint and the written submission filed before the Special Judge. He pointed out the defects in the order passed by the Department from time to time.
Submissions on behalf of the respondent
The Counsel appearing on behalf of the State, while opposing the CrMP, had submitted that the petitioner is trying to convert his service dispute into a criminal matter.
Court Analysis
The bench was of the considered view that the petitioner's complaint has rightly been dismissed by the Special Judge (Atrocities) at the pre-cognizance stage. Documents filed with the complaint are mainly relating to various orders concerning his posting, suspension, departmental inquiry, etc. If the petitioner has any grievance against those orders the appropriate forum for him is to prefer a writ petition before this Court. As a matter of fact, the petitioner had preferred petitions before this Court and in one such petition as mentioned in the complaint some order was passed in his favor, however, merely because the writ petition was decided in his favour it would not substantiate the petitioner's allegation against the respondents that he was deliberately harassed and humiliated only for the reason that he belongs to Scheduled Caste community.
Judgment
If private criminal complaints are entertained in such matters then it will be difficult to maintain discipline in any Government office. Any order passed by the superior authority against the subordinate employee who coincidentally happens to be a member belongs to SC/ST community would eventually lead to a criminal complaint, if such complaints are entertained. Even otherwise, the alleged acts committed by the respondents were committed in the discharge of their official duties, therefore, before filing a complaint and desiring the Court to take cognizance, proper sanction from the competent authority of the Government is required, which has not been done in the case at hand. The could held that the instant application seeking leave to appeal has no substance and was accordingly dismissed.
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