Final Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
22nd COURT, ANDHERI, MUMBAI.
ORDER BELOW EXH-01 IN C.C. NO. 384/SW/2018
1. Heard complainant. The complainant came up with a case
that he was serving in Air India as a Crew Member since 1988. He was
charge-sheeted for misconduct and consequently after inquiry,
terminated from service. The complainant contended that the inquiry
was held on the basis of Certified Standing Order(CSO) which was not
in existence and thus he was deprived of service benefits as well as
promotions.
2. Initially the complaint was filed u/s. 156(3) of Cr.P.C. It
was converted into complaint case u/s. 200 CrP.C. followed by
verification of complainant. Further, inquiry u/s. 202 of Cr.P.C. was
initiated through local police. The local police filed its report stating
that it is a dispute between company and its employee under Industrial
Dispute Act and it falls within the realm of the Hon’ble Industrial Court.
Even he went step ahead further and concluded that the inquiry was
conducted as per the C.S.O. in force, then.
3. On going through the complaint, the complainant seems to
be aggrieved by the departmental inquiry conducted against him and in
consequence to that, he came to be terminated from the company. From
the statement of the witness, the allegation against the accused are that
they have conducted the enquiry on the basis of non existing C.S.O. On
perusal of the verification statement as well as the complaint, it is
totally silent on the role of each accused in commission of the alleged
act which as per complainant constitutes an offence. Prosecuting
employee for misconduct and sacking him from service after due inquiry
doesn’t constitute offence, particularly when there is nothing on record
to establish means rea or actus reus.
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4. The grievance of complainant can be very well addressed
by the Hon’ble Industrial Court. Admittedly, from the enquiry report,
the case is pending before the Hon’ble Industrial Court. Hence, in view
of this there is no reason to prosecute the persons arrayed as accused
under criminal law for want of means rea and actus reus. Accordingly
complaint stands dismissed.
Sd/-
Date:- 16.12.2024
(J. W. Gaikwad)
Addl. Chief Judicial Magistrate,
22nd Court, Andheri, Mumbai.
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