A.S. SUPEHIA, J.

1. The present application has been filed seeking quashing of the First Information Report dated 25.12.2016 being Cr.No.II-640 of 2016 registered at Karelibaug Police Station, Vadodara City for the offences punishable under Sections 166 and 114 of the Indian Penal Code, 1860 (the IPC) and Section 3(1) (p,q,r,u,zc) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the Atrocities Act).

2. The brief contents of the prolix F.I.R. are incorporated a under:

(a) The first informant in the F.I.R. has alleged that when he was serving as a Marksman during the period from 17.11.2000 to 05.11.2011 at the Excavation Branch, Archaeological Survey of India, Karelibaug at Vadodara, he was subjected to vindictiveness by the applicants.

(b) It is narrated in the F.I.R. that on 20.10.2014, when he was posted at Vadnagar site, he had asked for leave from Dr.Madhulika Samanta-applicant No.1, on account of the injuries sustained by his wife due to a scooter accident, however, the same was refused and thereafter, he was suspended from services immediately by the applicant on.1, which he came to know vide communication dated 24.10.2014. He has further alleged that he received the letter dated 06.01.2015 in which false allegations were leveled against him and with a view to harass him a charge sheet was issued for holding a departmental inquiry with statement of the bogus witnesses.

(c) It is also narrated that he made a representation on 22.01.2015 to the applicant No.1 that the allegations leveled against him were false. It is stated that he has also made a representation regarding the same before the Commission for Schedule Caste, New Delhi and the Commission had sought for a reply from the office of Archaeological Survey of India. The Director Office, Archaeological Survey of India, New Delhi had directed the Excavation Branch-V, Vadodara to revoke the suspension of the first informant and accordingly,vide letter dated 24.07.2015 his suspension was revoked and thereafter, he rejoined his duties at the Excavation Branch-V, Vadodara. It is alleged by the first informant that he was made to sit and discharge his duties by changing his seating place from where he used to work since many years and his seating arrangement was made in front of the ladies toilet solely used by Dr.Madhulika Samanta-applicant No.1. He has submitted that he was provided with a table and a chair with an intention to take revenge and humiliate him in the eyes of the public by changing his seating position. It is further stated that responsibilities of aforementioned seatings were given to one Shri Hemant Lahute, Head clerk and accordingly, the first informant made a representation to Shri.Hemant Lahute to change his seating position since the same was inconvenient and derogatory to his caste.

(d) Thereafter, he had gone on leave from 28.07.2015 and also sent his leave letter to Dr.Madhulika Samanta-applicant No.1 through an E-mail. He had also informed the Director General, New Delhi that he was made to sit near the toilet because he belongs to Dalit Caste with an intention to harass him. Along with that, a complaint regarding Atrocities was made on 29. 07 . 2015 . The same was also sent by E-mail to the Director General, New Delhi, Scheduled Caste Commission, New Delhi, Prime Minister’s Office, New Delhi and D.O.P.T., New Delhi. It is also alleged that though there was balance in his leave account, no leave was sanctioned with a view to harass him. It is stated that aforesaid complaint was forwarded to Shri Sanjeev Mittal, Nodal Officer, Ministry of Culture who had given him an assurance that further action would be taken on the same, which he had received on 30.08.2015. Thereafter, on 31.08.2015, the first informant went to re-join his duties but he was denied to resume and his seating position was not changed and salary for the month of August, 2015 was also not given and hence he made a written representation on 03.08.20