Ajit Singh Bains, J. - (1.) THIS petition under section 482, Criminal Procedure Code, is directed against the complaint filed by the respondent against the petitioner under section (sic) Indian Penal Code, which is pending in the court of the Chief Judicial Magistrate, Hoshiarpur.
(2.) THE petitioner is a Sub -Divisional Officer, working in the Punjab State Electricity Board at Hoshiarpur. The respondent worked under him as a Store Keeper. Vide endorsement No. 7945 dated 16th July, 1969, the petitioner was required by the Executive Engineer, Hoshiarpur Division to send the Annual Confidential Reports of his subordinates. Accordingly the petitioner sent the same to the Executive Engineer. The adverse remarks contained in the report of the respondent were conveyed to him by the Chief Engineer. Aggrieved by those remarks, the respondent filed a complaint under section 500, Indian Penal Code, against the petitioner, in the Court of the Chief Judicial Magistrate. Hoshiarpur, on the ground that the remarks were defamatory and fall within the mischief of section 499, Indian Penal Code. It is against these proceedings under section 500, Indian Penal Code, which are going on in the Court of the Chief Judicial Magistrate Hoshiarpur, that the present petition has been filed. Mr. Gandhi, Learned Counsel for the petitioner contends that the petitioner has not published any imputations concerning the respondent within the meaning of section 499, Indian Penal Code, and that he only sent the Annual Confidential Reports concerning the respondents and 12 other persons to his superior authorities which he was required to do under the rules and regulations framed under the Electricity (Supply) Act, 1948. He further contends that he is protected against any suit, prosecution or legal proceedings for anything which he does in good faith about the Annual Confidential Reports concerning his subordinates, in pursuance of an order by his superior authority, under section 82 of the Electricity (Supply) Act, 1948 and the regulations framed by the Board under section 79(c) of the Act which has the force of law.
(3.) I have gone through the relevant provisions of the Act? and the regulations made by the Punjab State Electricity Board. Section 82 of the Electricity (Supply) Act, 1948, reads as under : - - Protection to persons acting under this Act - - No suit, prosecution or other legal proceeding shall lie against any member, Officer or servant of the Board for anything which is in good faith done or intended to be done under this Act. Regulation 20(1) of the Punjab State Electricity Board, Employees Conduct Regulation, 1971, reads as under : - - 20(1) No Board employee shall, except with the previous sanction of the Board, have recourse to any Court or to the press for vindication of any official act which has been the subject matter of adverse criticism or an attack of a defamatory character The combined reading of section 82 of the Electricity (Supply) Act, 1948, and Regulation 20() of the Punjab State Electricity Board, Employees Conduct Regulations, 1971, makes it amply clear that the officers are immune from any proceedings against them by their subordinates in any Court of law. In this regard, Brij Ballabh Goyal v. Satya Dev, : A.I.R. 1960 Raj. 213 can be read with advantage, where it has been held as under ; - - The use of the word 'publish' in section 499, I.P.C. does not contemplate those communications which one is bound to make to others in the normal course of his legal duties. Thus where accused No. 2 in his official capacity as General Manager had placed a repots made by accused No. 1 about his subordinate before the Board of Directors who had appointed him and to whose direction and control he was subject, and it was not alleged by the complainant against accused No 2 that he made any remarks of his own which might be defamatory against the complainant. Held that it was certainly a privileged communication and even if he had passed any censure against him in good faith, it would have been covered by Exception 7 of section 499, I.P.C. In this case also the General Manager made some adverse report against his subordinate and on this ground a complaint under section 500, Indian Penal Code, was filed against him in the Court of Sub Divisional Magistrate, Bikaner, and then the Court held that this does not come within the mischief of sections 499 and 500, Indian Penal Code. The complaint was dismissed Against the dismissal, the complainant filed a revision petition and the High Court dismissed the same on the ground that the complaint does not come within the mischief of section 499, Indian Penal Code.;