Under SC/ST PA Act
Querist :
Anonymous
(Querist) 21 March 2011
This query is : Resolved
Sir,
A land owner has filed a criminal case against me and the MD of my company under SC/ST pA Act section 3(i) and 3(v). However in the compalint he had only mentioned that his one piece has been grabbed by the company and on other pieces, dust, waste material and frainy water is being dumped. He has mentioned the date of offence as 08.05.2008.
I want to state that I was not serving with this company at that time and I was in JP Cement which is almost a thausand KM away. I joiuned this company on 12.08.2008 as President. DSP has investigated and submitted his chargesheet. Some of theb facts are;
1. He has not taken my or MD's statement while I pressed him to take my statement and mention in the report about my date of joining. I evven showed him the release certificate from previous employer.
2. In report he cleared us from Grabbing of land. The complazinant and his witnesses has mentioned that waste material and rainy water is getting dumped due to negligence of President and MD.
3. This is also false that waste material is being dumped as we have separat designated land as approved by Pollution Control Department and we have their inspection reports of Pollution department, before and after the date of alliged offence.
4. I am resposible for operation of plant. The land matters, commercial divisions are looked aftefr by other executives repiorting to the owners.
5. My advocate had applied to High Cort for quashing of case before it waqs admitted to SDJM. TH honourable high court passed the order that we should approach local courts fgor releife and if need be we can approach High courts later on.
6. My advocate says that the proof that I was not in the company will get me discharged from charges which will be submitted to Honourable sessions judge in first week of April.
7. He said that problem may be to the MD but MD also sits at Delhi office and not at Plant in Orissa. Moreover the offences are not correct.
8. The case was filed by complainent directly to SDJM in Sept,09, when we refused to procure their land on higher cost fixed by IDCO the nodal agency for land aquisition. As the rates were five times more than the government rates, company refused to procure land through IDCO and the aquisition process is under de-notification.
Kindly advise if I and my MD can get discharged at charge fixing level itself.
As the case is false and with the sole intention of selling land to the company at very high price, the complaint has been iniotiated.
regards
