RAVI SHANKAR Vs. STATE OF BIHAR AND ANOTHER

JUDGEMENT

(1.) The sole petitioner, who was at the relevant time Assistant Branch Manager of the United India Insurance Company Ltd., Civil Lines, G.T. Road, Sasaram, (hereinafter referred to as the "Insurance Company") has approached this Court, while invoking inherent jurisdiction under Sec. 482 of the Code of Criminal Procedure, for quashing of an order dated 24.11.1997 passed by the Chief Judicial Magistrate, Rohtas at Sasaram in Official Case No. 5 of 1997/T.R. No. 1661 of 1997/1118 of 1998. By the said order, the learned Chief Judicial Magistrate had taken cognizance of offence under Sec. 5(1) of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959.

(2.) Short fact of the case is that an official complaint was filed by opposite party No. 2, which was numbered as Official Case No. 5 of 1998 along with a petition for condonation of delay. In the complaint petition, it was alleged that the complainant had visited the office of United India Insurance Company Ltd, Civil Lines, G.T. Road, Sasaram with a view to get the information regarding vacancies in the Insurance Company. It was alleged that the petitioner neglected to furnish quarterly returns for quarters ended on Dec., 1995, March, 1995, June, 1995, Sept., 1995 to the local Employment Exchange, Dalmianagar despite reminders. Another allegation was made that the petitioner, being Assistant Branch Manager of the Company, was entrusted with the employment of Commission Agents. Accordingly, it was alleged that the petitioner had committed offence punishable under Sec. (ii)(a)(1) of the Act. Since it was official complaint, which was filed along with the petition for condoning delay, by an order dated 24.11.1997, the learned Chief Judicial Magistrate, while allowing the petition for condoning the delay, took cognizance of offence under Sec. 5(1) of the Act and directed for summoning the petitioner.

(3.) Aggrieved with the order of cognizance dated 24.11.1997, the petitioner approached this Court by filing the present petition, which was admitted on 13.11.2001. While admitting, this Court directed that during the pendency of this application, further proceedings in the court below shall remain stayed and order of stay is still continuing.