Subhas Chandra Pattanayak
It is not always that a court orders the Police to register a cognizable offence case against a former judicial officer. But retired officer of Orissa Judicial Service C.R.Dash is one such person against whom the Sub-Divisional Judicial Magistrate (S), Cuttack, in ICC 1001/13, has ordered the Police to take cognizance and register the FIR within 24 hours, which had been gathering dust in the Cantonment Police Station, Cuttack since 3.12.2012.
Servants of the People Society, which has illegally occupied the Samaja by using a forged will of Gopabandhu, has transformed the iconic newspaper of Orissa into a crime center, tormenting loyal employees of the newspaper with false and fabricated cases and has resorted to blatant unfair labor practices to keep the workforce intimidated. Labor officials, under pressure from the Chief Minister have sat mum when the illegal management has been trying to destroy the Trade Union of the employees – the Utkalmani Newspaper Employees Association (UNEA).
In one such case against the President of UNEA, the said illegal occupiers of the Samaja had appointed a retired Judicial Officer namely C.R.Dash as domestic enquiry officer and had tactfully dragged in a low-paid Machine Helper namely Surendra Behera into where the same officer was holding enquiry into allegations against the President of the Union, Sri Deviprasanna Nayak, on 3.12. 2012 and had forced to depose in their favor as a management witness.
Dash was appointed the enquiry officer on recommendation of Niranjan Rath, on whose allegation the so-called domestic enquiry had been instituted.
He asked Behera to sign on a written, predated document, which under condition of alarm the poor worker had to comply with. The document was dated 1 .12.2012. Dash did not disclose what it was, but disallowed him to write the date under his signature. On the other hand, he prompted Behera to corroborate the management allegations against Nayak. Behera refused to give any false and prompted deposition. But Dash did not bother. He went on dictating the typist the deposition, which Behera had never made and forced him to sit mum till the dictation was over and to sign the typed sheet, after which only he can leave the enquiry hall. Behera panicked, but kept quiet. As the guard grew little inattentive, he rushed out of the room and went to the Cantonment Police Station and filed FIR against the malicious conduct of the Enquiry Officer. In the FIR he apprehended that he may be forced by the Assistant H.R.Manager to sign the paper that the EO had dictated when he should be reporting on normal duty in the night shift. He wanted protection and action against the EO and the A.H.R.M. for criminal conspiracy and act of intimidation.
The corrupt and pressurized police inspector-in-charge did not register the FIR, despite the poor workman running to the P.S. several times. He had to, finally, knock the door of justice seeking direction to the police to take cognizance of the reported offense.
In taking up the case, the S.D.J.M. (S), Cuttack, has observed in his order dated 14.10.14 that, “The alleged offences are cognizable in nature. Hence, I feel it proper, in the interest of justice, that there will be an investigation by the police with regard to the allegation leveled in the complaint”.
And, as such, he has issued orders U/S 156(3), CrPC to the IIC, Cantonment Police Station “to register the complaint petition within 24 hours of receipt of the order and to report compliance promptly”.
And, consequently on 18.10.2014, Behera’s complaint has been registered as FIR No.83 setting on motion Sections 341/294/506/465/468/469 and 34 of Indian Penal Code.