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2003 Supreme(Del) 807
High Court Of Delhi
KAPIL GARG - Appellant
Versus
STATE - Respondent
CRI.M.(M.) 834 of 2003
Decided On : 08/29/2003
Ajay Kohli, V.K.Malik
Headnote:Indian Penal Code, 1860 - Section 383, 386, 506 — Extortion — Criminal intimidation — Forcing an employee to submit resignation — Not amounts to extortion — Complainant working as doctor with Mool Chand Hospital — Instead of going into the ingredients of the offences, the MM rushed to the conclusion that the conduct of the management of the hospital forcing its employee to submit resignation is criminal and in violation of public policy — I.O.s final report suggesting for closure of case for insufficiency of evidence — Magistrate taking cognizance of complaint not proper.
Held:
Mere asking an employee to put in his resignation paper, otherwise his services would be terminated and if information about termination of service is sent to organisations employing the same kind of personnel he may not get any job does not come within the mischief of "extortion". Writing letters is neither putting any person in fear of death or of grievous hurt for the purpose of dishonestly inducing that person to deliver any property or valuable security or anything signed or sealed which may be converted into a valuable security. It appears that the learned MM was labouring under a misconception that a "resignation letter" of an employee is such a document that could have been converted by the petitioners/employers into a valuable security. Such a view is difficult to ram down the throat and is highly preposterous.
Next comes the offence punishable under Section 506 IPC. This offence relates to "criminal intimidation".
Apparently allegations in the FIR do not come within the ambit of a threat with an intention to cause any injury to the respondent or his reputation or property. Learned MM appears to have been swayed by the fact that every management being in an advantageous and dominant position has influence on their employees and thereforee their act of forcing an employee to submit resignation amounts to extortion and criminal intimidation.
Asking an employee to either resign or face termination is rather an act of generosity and for the benefit of the concerned employee. Advice of resignation was to save the reputation of the complainant than causing injury to the reputation. Carrying a stigma of termination is more harmful for the future career than resigning from the job. How does such an advice fall within the mischief of "extortion" or "criminal intimidation" is beyond comprehension.
Any other kind of remedy in the form of compensation or damages may be available to the complainant on the allegations of forcing him to resign under the pall of threat to terminate his services or writing letters to other hospitals informing about his termination but by no stretch of imagination acts of the petitioners, even if assumed to be correct on the premise of the solitary statement of the complainant as no other evidence has appeared in corroboration of his version can be brought within the criminality of "extortion" or "criminal intimidation" as defined above.
Therefore, impugned order cannot be sustained as cognizance has to be based on material or evidence forwarded by the Officer-in-charge of the Police Station contained in report Under Section 173 Cr.P.C.
( 1 ). THROUGH the above mentioned petitions the legality as well as validity of the impugned order dated 2nd November, 2002 passed by Ms. Kamini Lau, Metropolitan Magistrate has been challenged.
( 2 ). BARE facts and perusal of the order show that erroneous approach has been adopted by the learned Metropolitan Magistrate in not accepting the report submitted by the Investigating Officer for closure of the case due to insufficiency of evidence and that no case of extortion and criminal intimidation as punishable under Sections 386/506/34 IPC is made out against the petitioners who are Senior Doctors of Mool Chand Hospital. They have been accused of forcing the respondent Dr. Rajiv Johri to submit resignation else his services would be terminated and employing threat that if he would not resign, they would send letters to all the hospitals informing about his termination and thereby he would not get job anywhere.
( 3 ). THIS act on their part has been brought by the MM within the mischief of "extortion" and "criminal intimidation". Offence under Section 386 IPC punishes a person who puts any other person in fear of death or grievous hurt for the purpose of dishonestly inducing the person to deliver to him any property or valuable security or anything signed or sealed which may be converted into a valuable security. Offence under Section 506 IPC prescribes punishment for "criminal intimidation". Mischief of "criminal intimidation" means giving threat with an intention to cause any injury to any person or his reputation or property.
( 4 ). WHILE rejecting the report of the Investigating Officer and taking cognizance learned MM observed that since the management (of the hospital) is in advantageous position to have influence on their staff, subordinates and doctors, and petitioners being in dominant position appear to have forced the complainant to resign and forcing its employee to submit resignation is criminal and in violation of public policy and thereby the petitioners have committed offences punishable under Section 386/506/34 IPC.
( 5 ). FACTS of the case speak for themselves as how the impugned order not only suffers from inherent infirmity but illegality is also writ large.
( 6 ). DR. Rajiv Johri was employed as Senior Resident with Moolchand Hospital. He lodged a report with the police station that he has been harassed and tortured by the petitioners Mr. H. S. Shekhawat, Managing Director of the Hospital and Dr. Sudhir Krishna and Dr. Kapil Garg who forced him to resign. In order to examine the impugned order in the correct perspective the contents of the report that pursuaded the learned MM to take cognizance of as serious offences as punishable under Sections 386/506/34 IPC need to be reproduced. F. I. R. reads as under:-
"to, the SHO, P. S. Lajpat Nagar, New Delhi. Sub: complaint against Dr. Sudhir Krishna and Mr. H. S. Shekhawat and Dr. Kapil for extorting resignation from me and for threatening to see me and ruin my career. Sir, I am a doctor (Surgeon) by profession and was appointed as Senior Resident (Surgery) under coordinator Dr. Nigam in Mool Chand Hospital. My contract was to expire in June, 2001. On 19. 4. 2001 Mr. Satish Chandra all of a sudden called me in his office where Mr. H. S. Shekhawat Dr. Sudhir Krishna and Dr. Kapil were sitting. They commanded me that I should tender resignation otherwise I will be terminated. When, I asked why this resignation is demanded from me when I am doing my duty with utmost honesty and sincerity for the last two years, they informed that their strategy is to throw all the old employees out so that they should not, be made to pay Rs. 6000. 00 bonus which they were bound to pay to resident doctor in June, 2001 and the salary on my questioning, they threatened me that in case I did not tender resignation they will ruin my career and they will not even give experience certificate and they will send letters to all the hospitals against me so that I may not get an
