Mr I Cherian vs The State Of Karnataka on 8 April, 2014

[Cites 5, Cited by 1]

Karnataka High Court

Mr I Cherian vs The State Of Karnataka on 8 April, 2014

Bench: Ram Mohan Reddy

                            1
                                             WP 13928/14

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 08TH DAY OF APRIL 2014

                          BEFORE

    THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

       WRIT PETITION No. 13928 OF 2014 (L-RES)

BETWEEN:

I CHERIAN, S/O. M I CHERIAN
AGE 58 YEARS
GENERAL MANAGER/FS AND INV.
& FACTORY MANAGER
BHEL, ELECTRONICS DIVISION
P B No.2606, MYSORE ROAD
BANGALORE - 560 026.
                                              PETITIONER
(BY SRI S N MURTHY, SR. COUNSEL FOR
      MANJUNATHA B, ADVOCATE)

AND:

1      THE STATE OF KARNATAKA
       REP.BY ITS SENIOR ASST.
       DIRECTOR OF FACTORIES
       DIVISION - B, KARMIKA BHAVAN
       DAIRY CIRCLE, BANGALORE - 560 029.

2      THE DIRECTOR OF FACTORIES
       AND BOILERS
       OFFICE OF THE DIRECTOR
       2ND FLOOR, KARMIKA BHAVAN
       INDUSTRIAL SAFETY DEPARTMENT
       BANGALORE - 560 029.
                                            RESPONDENTS
(BY SRI K A ARIGA, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
CALL FOR RECORDS LEADING TO GRANTING PERMISSION FOR
PROSECUTION BY THE R2 VIDE HIS ORDER DTD.7.4.2012 AND
QUASH THE ORDER DTD.7.4.2012 VIDE ANN-D ISSUED BY THE
R2; ETC.
                                 2
                                                   WP 13928/14


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

On 03.04.2014, the following order was passed:

"In view of Section 9(i) of the Factories Act, 1948, the prescription of power of the Inspector under Rule 14(c) of the Karnataka Factory Rules, 1969 empowers the Inspector to prosecute and conduct or defend before a Court any complaint or any other proceeding arising under the Evidence Act or in the discharge of duties of an Inspector. Therefore, it is not known as to how the Director of Factories and Boilers issued the order dt.7.9.2012 Annexure-D directing prosecution for offences under the Factories Act ?

Learned Govt. counsel to take instructions and have his say on 8.4.2014."

2. Today, learned Government Advocate submits that in terms of the Government Order dated 07th August 2013, a Senior Inspector Factories was re-designated as Senior Assistant Director of Factories. 3 WP 13928/14

3. Sri S.N.Murthy, learned senior counsel for the petitioner is correct in his submission that the Director of Factories and Boilers who passed the order, Annexure-D on 07.04.2012 directing prosecution for offences under the Factories Act, 1948, had no competence. If that is so, petition deserves to be allowed.

This petition is accordingly allowed. The order dated 07.04.2012, Annexure-D directing prosecution is quashed. Petition is ordered accordingly.

Sd/-

JUDGE kcm

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