MADAN GOPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Past sins cast long shadows; and the appellant herein is trying to dodge the shadow of misdemeanor committed in 1993, when he attempted to claim the status of a Scheduled Tribe. The appellant, an Engineer, was first appointed in the Central Public Works Department and later appointed to the State Service in the year 1984. His entry into State Service was on availing the benefit of a 'backward class ' based on a certificate issued, which indicated his caste as 'Mallah '. In 1993, the appellant produced Annexure P4 certificate before the Government asserting his roots in the 'Majhwar ' community notified in the Scheduled Tribes order issued under Article 342 of the Constitution of India.

(2.) Initially, Government approved it but later based on an enquiry conducted, the Tehsildar, Kalpi, District Jalaun, by Annexure P10 reported that Annexure P4, the photocopy of the certificate alleged to have been issued, does not bear the issue serial number. It was concluded that the certificate was not one issued from the said office based on which FIR No.330 of 2004 was registered in Police Station, Kalpi, District Jalaun as is indicated at Annexure P11.

(3.) Annexure P11 indicates that when the appellant applied to the Uttar Pradesh Public Service Commission for the post of Assistant Engineer, he had mentioned his caste as 'Mallah ', a 'backward class ' and later in the year 1993, after nine years of joining service Annexure P4 was produced. The jurisdictional Court having proceeded to issue summons, the appellant filed an application for quashing the FIR under Sec. 482 of the Code of Criminal Procedure, 1973, which was rejected by the impugned judgment.