S.L.HALESHAPPA Vs. STATE

JUDGEMENT

(1.) The petitioner is before this Court calling in question proceedings in C.C.No.458 of 2016 arising out of Crime No.106 of 2011 registered for offences punishable under Ss. 109, 120B, 201, 381, 408, 417, 465, 4665, 467 , 468, 471 and 472 of the IPC.

(2.) Heard Sri Prince Isac, learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows: The petitioner is working as an Assistant Engineer in the Karnataka Housing Board possessing qualification of Diploma in Civil Engineering. The allegation against the petitioner is that he had produced marks cards of Kuvempu University for having completed Bachelour of Engineering Degree in the discipline of Civil Engineering and a degree certificate to that effect being issued by very University. The same were enclosed to a representation to the competent authority in the Karnataka Housing Board claiming that the petitioner being a degree holder and being senior enough should be promoted to the cadre of Assistant Executive Engineer. On 2/2/2009, on the strength of the representation so made by the petitioner enclosing marks cards and the degree certificate, he was promoted to the cadre of Assistant Executive Engineer and after his promotion, the documents so produced by the petitioner were sent to the University for verification. The University appears to have affirmed the marks cards and the degree certificate in favour of the petitioner. Later the Karnataka Housing Board generated some suspicion on a complaint that the marks card and the degree certificate both given by the petitioner for securing promotion were fabricated and this time communicates to the Vice- Chancellor of the University directly for verification. On re- verification, the Vice-Chancellor of the Kuvempu University confirmed that the documents/marks cards and the degree certificate were bogus, fabricated and forged documents upon which the petitioner was placed under suspension and later reverted to the cadre of Assistant Engineer from the cadre of Assistant Executive Engineer and presently the petitioner appears to be holding the post of Assistant Executive Engineer on in-charge basis.