- (1.) By means of this application under S.482, Cr. P.C. applicants, Rangesh Sharma, Assistant Engineer, Meters Vidyut Parikshan Sakha Etah and Mahendra Deo Sharma, Executive Engineer, Vidyut Parlikshan Khan, Mainpuri have prayed for quashing the order of the learned Judicial Magistrate, Etah dt. 6-6-85 (Annexure-3) in Criminal Case No. 1904 of 1984 and the order dt. 5-3-86 (Annexure-4) passed by learned V Addl. District Judge, Etah. The appellants have also prayed for quashing the complaint Annexure 15-2-80 filed by Opposite Party No. 2 Jagdish Chandra Sharma filed under Ss.466/467/420/218/427, I.P.C.
(2.) Facts as they are revealed are that opposite party No. 2 Jagdish Chandra Sharma was working as Junior Meter Tester in the office of the Electricity Test Division, Etah, Applicant No. 1 Rangesh Sharma was posted there as Assistant Engineer (Meters) in the said division while applicant No. 2 Mahendra Deo Sharma was the Executive Engineer Electricity Test Division, Mainpuri. It transpires that per order dt. 24-3-77 the U.P. State Electricity Board (hereinafter referred to as the Board) in supercession of D.O. No. 3576-F/EE-B-207/1963 dt. May 29, 1963 issued the above order dt. March 24, 1977 by which considering the fact that the post of Meter Reader, Sub-Station Attendant, Switch Board Attendant, Junior Meter Tester and Repairer enjoy the same qualification and scale of pay, formed a combined cadre of such personnel. A combined seniority list of these four categories of employees was also directed to be prepared and it was also made clear that these four categories of employees shall be interchangeable. Copies of this order were sent for information and guidance of Field Officers and also for ensuring that none of the aforesaid categories are allowed to remain at a particulars post for more than three years keeping the administrative point of view. According to the above Board order dt. 24-3-77 on S-1 M.D. Sharma, Superintending Engineer and in view of the Administrative work Jagdish Chandra Sharma opposite party No. 2 who was posted as Junior Meter Tester vide Officer Memo No. 10803/E.L.C.(M) dt. 8-7-78 was transferred vide offence Memo No. 11981-ELO E-2 dt. 31-7-78. He was transferred and posted on his original post under the Electricity Distribution Sub-Division I Etah as Sub-Station Attendant with immediate effect in the interest of the work.
(3.) Aggrieved opposite party No. 2 filed a writ petition in the Lucknow Bench of the High Court and the following order was passed on 8-9-78 : "Notice has been taken by Sri K.B. Sinha on behalf of the respondents. As the impugned order can affect the right of the petitioner seniority which may not be liable to be compensated adequately in terms of money, we issue an interim order restraining the respondents not to effect petitioners seniority on the basis of the impugned orders dt. 24-3-1977 and 31-7-1978 (Annexures 8 and 10 to the writ petition) so as to effect the petitioner's right claimed in this petition." /- Hari Swarup Sd/- U.C. Srivastava." It may also be mentioned here that Jagdish Chandra Sharma, Opposite Party No. 2 was working at the relevant time as a Fine Mechanic purely on temporary basis and was liable to be transferred as soon as some other incumbent is appointed on that post. One Tara Chand was permanently posted as Fine Mechanic in the Electricity Test Division, Mainpur and consequently Jagdish Chandra Sharma was transferred as Sub-Station Attendant-vide order dt. 31-7-78.;