Telangana High Court
Smt.S.Govardhana, R.R.Dist. vs The State Of Ts., Rep. By P.P. And Another on 4 October, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No.2889 OF 2017
O R D E R:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner to quash the proceedings against her in STC.No.13 of 2016 pending on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad. The offences alleged against her are under Sections 13, 19 and 22 r/w. 31 of A.P. Fire Services Act, 1999 r/w. Rules 15 & 27 of A.P.Fire & Emergency operations and levy of fee Rules, 2006.
2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent - State.
3. The 2nd respondent-District Fire Officer filed a complaint before XI Additional Chief Metropolitan Magistrate, Secunderabad, alleging violation of Sections 13, 19 and 22 r/w. 31 of A.P. Fire Services Act, 1999 r/w. Rules 15 & 27 of A.P.Fire & Emergency operations and levy of fee Rules, 2006. It is stated in the complaint that on 24.01.2014, the Inspecting Officer namely B.Sudhakar Rao inspected the premises/building of M/s.Bharath Sanchar Nigam Limited (for short 'BSNL'), Administrative Building, S.D.Road, Secunderabad. Accordingly, a detailed report was prepared and submitted report to the Director General, State Disaster Response & Fire Services, Hyderabad. A notice in Form- 12 under Rule 26(2) of A.P. Fire Services Act, 1999 and acknowledgment was obtained from the Junior Telecom Officer of the said office. Since the petitioner herein failed to obtain No Objection Certificate for occupancy and also failed to provide fire safety provisions as per the Fire Service Act, 1999 within the stipulated period of 30 days as mentioned in the notice being amounts to violation of the provisions of the said Act and punishable.
4. Learned counsel for the petitioner would submit that the petitioner is a public servant who has been made vicariously liable on behalf of BSNL. Unless the said Company is made an accused, there cannot be any vicarious liability as far as this petitioner is concerned. This petitioner cannot be prosecuted in his personal capacity when BSNL is not arrayed as an accused.
5. Learned Additional Public Prosecutor appearing on behalf of the respondents-Fire Service Department would submit that in accordance with the Act, notice was issued to the petitioner and for the reason of not adhering to the notice and not providing requisite Fire Services equipment, the petitioner is liable. Accordingly, it is for the trial Court to decide regarding complicity otherwise for the petitioner and prayed to dismiss the petition.
6. The lease of the building admittedly was taken up by BSNL and the petitioner is one of the hundreds of employees employed by the said agency. In the entire complaint, no where it is mentioned that BSNL appointed this petitioner on their behalf to deal with such situations. It is also not mentioned in the complaint that BSNL is the owner of the said building. Petitioner being the employee working as Sub-Divisional Engineer cannot be mulcted with the criminal liability only on the basis of notice that was served on Junior Telecom Officer.
7. Under Section 33 of the Fire Services Act, the Company is liable and the persons who are responsible for day to day affairs of the said Company would be made vicariously liable. In the absence of Company i.e., BSNL being made an accused, the question of prosecuting the accused does not arise as per the judgment of the Hon'ble Supreme Court in Aneeta Hada v. Godfather Tours and Travels Private Limited 1. Accordingly, the petitioner succeeds. The proceedings against this petitioner in 1 (2012) 5 SSC 661 STC.No.13 of 2016 on the file of XI Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed.
8. Accordingly, the Criminal Petition is allowed. Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 04.10.2023 dv THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2889 OF 2017 Dt. 04.10.2023 dv