JUDGMENT

Bibek Chaudhuri, J. - The petitioner being the accused persons in connection with Complaint Case No.CN-809 of 2021 under Sections 417/418/419/420/465/468/469/506/509 read with Section 120B of the IPC presently pending before the learned Metropolitan Magistrate, 19th Court at Calcutta have challenged the order dated 4th September, 2021 of taking cognizance in respect of the above mentioned offences by the learned Additional Chief Metropolitan Magistrate, Calcutta and order dated 22nd September, 2021 passed by the learned Metropolitan Magistrate, 19th Court, Calcutta issuing process against the petitioners under Section 204 of the IPC.

2. Indisputably, the petitioners are the functionaries of Central Mechanical Engineering Research Institute (CMERI), an unit of Council for Scientific and Industrial Research (CSIR). At the outset, it would be prudent to mention that CSIR is a Society, registered under the Societies Registration Act, 1860 having Administrative Control of the Department of Scientific and Industrial Research (DSIR), Ministry of Science and Technology, Government of India. The petitioner No.1 is the Director of CSIR-CMERI, Durgapur and the petitioner No.2 is an ex-employee working as Administrative Officer in the said institute at Durgapur.

3. The opposite party No.2 is a Senior Scientist posted at CSIR-CMERI, Durgapur. The opposite party No.2 lodged a court compliant before the learned Additional Chief Metropolitan Magistrate, Calcutta which gave rise to Case No.CN-809 of 2021. Salient points of grievances depicted in the complaint by the opposite party No.2 are as follows:-

i) Appointment of petitioner No.1 is disputed which is already in public domain vide order dated 21st February, 2019 in CRM 2101 of 2019.

ii) Both the accused with ill-motive started financial corruption in the institute resulting in institution of one criminal case and as many as 14 numbers of vigilance cases against them.

iii) To achieve wrongful gain, both the accused started exploiting the employees by making illegitimate demands and transferring them to other places if they refused to accede to such unlawful demands.

iv) The accused persons made several derogatory comments and sexist remarks against woman employees.

v) The wife and daughter of accused No.1 sat on 'Dharna or protest' against accused No.1 for the habit of outraging the modesty of woman.

vi) Accused No.1 used to call the complainant in his chamber beyond the scheduled office time, weekends and holidays alone without any work.

vii) He also directed the complainant to make tour with male employees.

viii) The accused persons induced the complainant to make false allegations against some of the employees who lodged complaints against them.

ix) They threatened her to remove from the position as head of the department, Surface and Field Robotics Laboratory.

x) Finally the accused persons removed the complainant and transferred her to a non-existent and imaginary unit namely, Centre of Excellence on Mechatronics.

xi) They tried to manipulate office records by preparing fake Memorandum of Understanding and declared that a Centre of Excellence on Mechatronics has been developed.

xii) They hatched criminal conspiracy against the complainant by fabricating a letter under the name of Somnath Mahato seeking sensitive information.

xiii) They started issuing show cause notice based on that pseudonymous letter by Somnath Mahato.

xiv) The accused persons made false allegation against the complainant that she had collected cheques from the Block Office.

xv) They fabricated another false document in the name of Dr. S.R Debbarma against the complainant and hatched criminal conspiracy against her by fabricating the said letter.

xvi) They tried to collect cheques by sending some other person in the Block Development Office.

xvii) The accused persons tried to implicate the complainant in a criminal case being Durgapur P.S Case No.548 of 2018 in which it was found after investigation that the complainant was no