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3. Facts and circumstances giving rise to these applications are that, the deceased Ashok Chavda, employee of Rajkot Municipal Corporation (referred to hereinafter as 'RMC') committed suicide by hanging himself in Hotel Miracle at Ahmedabad. He left Rajkot on or before 02.07.2012 for which missing complaint was registered on 03.07.2012. Deceased was recruited as a labourer and work charge employee. On 10.11.2012, deceased along with other employees of the same cadre were transferred from Malaria branch to Drainage branch at Bedinaka, Rajkot. The applicant - Chirag Pandya being a City Engineer of RMC was in control and management of Drainage Department of Rajkot, whereas, the applicants - Jitendrasinh Zala and Ashvin Kanjaria were serving on the post of Dy.

R/CR.MA/10866/2012 JUDGMENT DATED: 24/05/2023 Engineer and Asst. Electrical Engineer, RMC respectively. Deceased - Ashok Chavda dissatisfied with his transfer posting and was irregular in attending the office. After resuming the duty at Drainage branch, Bedinaka, he was remained absent for 72 days for which the written memo in form of show-cause notices were served on different dates and the authority concerned after considering the reply thereof, accepted his explanation and closed the matter and whatever leave sought by the deceased sanctioned in accordance with applicable rules and regulations.

13. The applicants herein have been charged for the act of abetment of suicide and other provisions as referred in para 1 of this judgment. The entire prosecution case is based on suicide notes. One suicide note in form of letter dated 28.06.2012, addressed to Police Commissioner, Rajkot written by the deceased in his own handwriting, whereas, second one was written by him before the incident, which runs into 6 to 7 pages. It is not in dispute that before 10.11.2012, the deceased R/CR.MA/10866/2012 JUDGMENT DATED: 24/05/2023 being labourer and/or work charge employee, had served with Malaria Department, RMC and the Dy. Commissioner, RMC vide order dated 10.11.2012 transferred 16 class IV employees from one department to other. Out of 16, 6 employees including the deceased were transferred from Malaria Department to drainage branch, Bedinaka, Rajkot. The applicant Chirag Pandya was posted as City Engineer and the drainage branch was under the City Engineer. The applicant Jitendrasinh Zala was posted as Dy. Engineer, whereas, Mr. Ashvin Kanjaria worked as Asst. Engineer (Electrical). The deceased was the member of scheduled castes. Deceased was dissatisfied with the transfer order. So far as work of drainage branch is concerned, it is the say of the deceased that, he was assigned the job as a cleaner with heavy drainage vehicle and according to his grievance, work as a cleaner is life threatening and without any experience, he could not perform his job and therefore, he strongly protesting his posting in drainage branch.

19.3 In every case, whether there was instigation or aiding or elements of conspiracy exists or not is a question to be decided by facts of each case.

19.4 In the facts of the present case, the deceased was in great stress and depression as he protested his transfer order to drainage branch. The order of transfer having not been passed by any of the applicants nor there is allegation that they had played an active role in transferring the deceased from Malaria Department. Deceased himself, in his letter to the Police Commissioner admitted that he did not like his job as a cleaner with the vehicle meant for drainage work. In such circumstances, the allegations that he was asked to work as a sweeper or in a lower cadre cannot be accepted. In view of his continuous absentness, which suggestive of the fact that by any means, he did not intend to work with the drainage branch. The anguish expressed by the R/CR.MA/10866/2012 JUDGMENT DATED: 24/05/2023 deceased in two suicide notes clearly establish that by act of his suicide, he wants to take revenge against the higher officials like applicants, as such who having no grudge against the deceased. The City Engineer Mr. Pandya having no any direct conversation with the deceased, nor he issued any memo or show-cause notice. Thus, this Court is of considered view that the applicant Chirag Pandya cannot be held responsible for transfer of the deceased. Prima facie it appears that he being a highest officer and in-charge of the department, deceased had alleged against him with respect to his transfer and other irrelevant issues referred in the suicide notes. So far as charge against the applicants Jitendrasinh Jala and Mr. Ashvin Kanjaria is concerned, they have been arraigned as accused because of they are higher officials in hierarchy of drainage department. Both the applicants are responsible officers for the day to day management of the branch and they are duty bound to implement the rules of service conditions. Since the order of transfer, deceased was irregular in attending the office and was remained absent for about 72 days for which notices to resume the office were served by the Dy. Engineer. In such circumstances, merely issuing the notice and/or memo for indiscipline, in my considered opinion, would not tantamount to inciting or provoking or instigating the deceased to commit R/CR.MA/10866/2012 JUDGMENT DATED: 24/05/2023 suicide. There is no any allegation that the deceased was continuous harassed and insulted deliberately without justifiable cause or reason. A simple act of issuing notice or memo for the irregular attendance of the deceased, for which he was otherwise duty bound to serve the department, would definitely not amount to abetment of things as defined under Section 107 of Indian Penal Code. What emerges from the suicide notes is that, deceased was protesting his transfer, for which the applicants having no role to play and after his transfer, considering the job assigned to the deceased, it cannot be said that he had been assigned the work of lower category. It was not the deceased alone to transfer from department to other, but in all 16 persons were transferred by the Dy. Commissioner, RMC. The act of suicide is not the remedy for the deceased. He could have ventilated his grievance before the Commissioner or Dy. Commissioner of RMC. It is not in the hands of the applicants to retransfer the deceased. Thus, on careful examination of the suicide notes, it appears that the deceased was very emotional and sentimental person and due to his posting to another department, he could not taken it in a positive way. The transfer may be result into physiological immediate imbalance, consequently deceased fell into depression and could not control sentiments of expectations which may give temptation to him to R/CR.MA/10866/2012 JUDGMENT DATED: 24/05/2023 commit suicide and therefore, considering his behavior after the transfer which raise an inference that in order to teach the lesson to the higher officials of Rajkot Municipal Corporation and to demonstrate his protest against the posting of transfer, the deceased had taken a drastic step.