Hon'ble MEHTA, J.— Heard learned counsel for the parties.

2. The instant misc. petition has been filed on behalf of the petitioners who are/were employed/engaged as officers in the Rajasthan Rajya Vidhyut Prasaran Nigam Ltd. (for short referred to hereinafter as `the company') which is a Government of Rajasthan undertaking formed under the Indian Electricity Act and thus, are all public servants within the meaning of Section 21 of the I.P.C. By way of the instant petition, the petitioners seek are seeking quashing of the FIR No. 269/2011 registered against them at Police Station Basni, District Jodhpur for the offences under Sections 408, 42, 467, 468, 471, 389 and 120-B I.P.C.

3. Briefly stated the facts of the case are that the complainant/ respondent No.2 Shri Kishore Singh, a superannuated employee, was initially posted as a Junior Accountant in the Company. Prior to his superannuation, the respondent No.2 was entangled in litigation with the company in relation to the issues involving stoppage of his grade increments, regularization for a period of absence and transfer etc. He filed a writ petition in this Court being S.B. Civil Writ Petition No.2992/2003, inter alia, claiming salary and regularization for the unauthorized absence for a period of 16 months and also assailing his transfer order. The said writ petition was rejected by this Court. The respondent No.2 filed another writ petition before this Court being S.B. Civil Writ Petition No. 140/2007 wherein this Court by order dated 8.3.2007 permitted him to make a representation to the company raising all his issues. Accordingly, the respondent No.2 submitted a representation to the Chairman and Managing Director of the Company. The representation moved by the respondent No.2 came to be decided by the order dated 23.5.2007 which has been annexed to the instant misc. petition.

4. The Chairman and Managing Director of the company considered the entire gamut of the facts available on record and concluded that the transfer of the respondent No. 2 from Jodhpur to Sirohi was on administrative grounds and was not attended with any malafide whatsoever. It was also observed that the respondent No. 2 did not comply with the orders of the higher authorities. Some of the observations/findings recorded in the order dated 23.5.2007, which have a material bearing on this petition, are quoted herein below:-

"(i) that said Shri Chauhan was transferred from the office of A.O. (TCC-IV), RVPN, Jodhpur to the office of the Superintending Engineer (TCC-VIII), RVPN, Sirohi vide order No. RPVN/CCOA/Estt-Cont/00-81/D.254 dated 24.5.2003 purely on administrative grounds. The order was issued by the competent transferring authority. It is incorrect to say that his said transfer from Jodhpur to Sirohi was with some malafides.

(ii) That said Shri Chauhan did not comply with the orders of the higher authorities, which were passed in reference to compliance of the decision of the Rajasthan High Court, Jodhpur and kept the fixation case in respect of Shri Sita Ram Dadhich Retired UDC pending for a period of more than three months without any cogent reason.

(iii) Regarding wrong fixation of pay in respect of Shri Sita Ram Dadhich, Retired UDC, as alleged by said Shri Chauhan, the same was got re-checked in the corporate office and fixation done was found to be correct as such allegation of Shri Chauhan was unfounded.

(iv) As aforesaid Shri Chauhan was transferred from Jodhpur to Sirohi vide order No. RVPN/CCOA/Estt-Cont/00-81/D.254 dated 24.5.2003 on administrative grounds, he was relieved vide order No. RVPN/AO/TCC.IV/Cont./282 dated 4.6.2003 but he did not join at his new place of posting and remained absent from duty w.e.f. 5.6.2003 without any reason. There were no interim orders of the Hon'ble High Court Jodhpur in the writ petition (No. 2992/2003) filed by said Shri Chauhan. Therefore non-joining by him at Sirohi without there being any interim order in his favour by the Hon'ble High Court clearly t

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