Jai Bhagwan vs State (Govt Of Nct Delhi) & Anr on 5 November, 2015

1. Vide the present petition under Section 482 of the Code of
Criminal Procedure, 1973, petitioner seeks direction thereby quashing
the criminal proceedings against him pending before learned
Metropolitan Magistrate arising out of the FIR No.126/2003 registered
at Police Station Connaught Place, New Delhi for the offences
punishable under Sections 420/409/468/471of the IPC.
2. Learned counsel appearing on behalf of petitioner submitted that
aforesaid case was registered on the complaint of respondent No.2 on
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the allegations that petitioner/accused opted for voluntary retirement
scheme and same was accepted as per office order No.25/2001 dated
16.01.2001. Accordingly, he was relieved from the service of
respondent No.2 vide office order dated 17.01.2001. Since, the
petitioner opted for voluntary retirement, therefore, he was not required
to serve 90 days’ notice as per the term of the appointment. On the
contrary, he was paid 3 months notice period salary amounting to
Rs.35,271.60/- vide order dated 17.01.2001. The petitioner was also
paid a sum of Rs.7,01,461/- under the terms of the voluntary retirement
scheme. This amount beside others included Rs.4,82,045.20/- as ex-
gretia and three months notice pay towards voluntary retirement
service compensation; gratuity amount of Rs.1,23,377/-; leave
encashment amount of Rs.76,268.80/-; and service award of
Rs.14,250/-. He was also paid provident fund accumulation to the tune
of Rs.4,23,602/-. In this way, at the time of retirement petitioner was
paid a total sum of Rs.11,25,063/-. However, had the respondent No.2
knew about his joining the Excise and Taxation Department,
Government of Haryana, his application for VRS could not have been
considered by respondent No.2 and he would not have been granted the
VRS with all benefits thereof. Thus, petitioner dishonestly and
fraudulently by concealing the fact that he was still under the
employment with the complainant joined another government office
i.e. Excise and Taxation Department, Government of Haryana at
Karnal on 04.10.2000 as Taxation Inspector by claiming himself as Jai
Bhagwan Prashar and also started claiming all benefits attached to said
post. He also changed his signatures. He kept on attending the office of
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respondent no.2 after 04.10.2000 till 17.01.2001 barring 30.10.2000,
01.11.2000 and 12.01.2001.

Source: Indian Kanoon

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