bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 894 OF 2000 PETITION NO. 894 OF 2000 PETITION NO. 894 OF 2000 Shivaji University & anr. ... Petitioners v/s Babasaheb Keshavrao Patil & ors. ... Respondents Mr.R.M.Pethe i/by Mr.P.G.Ketkar for the petitioners. Mr.D.P.Adsule, A.P.P. for the respondent No.3 State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 1ST APRIL, 2008 1ST APRIL, 2008 1ST APRIL, 2008 ORAL ORAL ORAL JUDGMENT JUDGMENT JUDGMENT: 1. The petitioners challenge the maintainability of the complaint being Criminal Case No.313 of 2000. The order was passed by the Judicial Magistrate First Class, Kolhapur, calling for the report under Section 156 (3) of the Criminal Procedure Code. 2. The petitioner No.2 was the Vice Chancellor of the petitioner No.1 (hereinafter referred to as the University) at the relevant time. Several complaints were received by the University against the management of Gopal Krishna Gokhale College, an aided institution, relating to payment of salary of teaching and non-teaching staff. On a representation made by the 2 employees of the College, the University took upon itself the task of disbursing the salary from October, 1996 with the approval of the State Government. Thus the State Government would issue cheques in respect of the payments for the employees of the College to the University. The University in turn issued its own cheques for being credited to the accounts of the teaching and non-teaching staff approved by the University. Statutory deductions were made by the University from the employees’ salaries and disbursed to the respective Government departments. This procedure for payment of salaries to the employees of the College continued from October, 1996 upto March, 2000. It appears that, for two months thereafter the Government did not disburse the grant for payment of the salaries to the College employees. 3. A complaint was filed by the respondents herein, who are employees of the College, alleging that the University and Vice Chancellor had committed an offence under Sections 406, 409, 420, 467, 468 and 471 of the Indian Penal Code. It was alleged that the University has not paid the correct amounts to the employees of the College despite having received funds from the State Government for disbursement. According to the complainants, this amounted to misappropriation of funds 3 and cheating, etc. and an enquiry was instituted under Section 156(3) by the Judicial Magistrate First Class, Kolhapur, against the petitioners. 4. Aggrieved by the decision to institute an enquiry as aforesaid, the petitioners have rushed to this Court. 5. Notices to respondent Nos.1 and 2 were issued. 6. The learned advocate for the petitioners contend that the complaint has been filed only to harass the petitioners and that the University had taken action against the College for illegalities committed, including the non-payment of salary to the employees. A civil suit in respect of transfer of some employees was filed by the employees against the College. The University sought to be impleaded as a party. The Civil Court refused the application of the University against which writ petition has been filed and the proceeding had been stayed. 7. There is no allegation made against the petitioners which would constitute an offence under the aforesaid sections. The complaint merely narrates that the payments have not been made regularly by the University which is causing untold hardship to the families of the 4 employees. There is not even a whisper in the complaint of cheating or misappropriation or for an enquiry under Section 156(3) of the Criminal Procedure Code. 8. In the light of this, the proceedings and directions issued against the petitioners are set aside. The proceedings are quashed. 9. The writ petition is allowed. No order as to costs. (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, MHATRE, MHATRE, J.) J.) J.)