JAGDISH AMBEDKAR Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) Cri.writ Petition No.188/2000 under Articles 226 and 227 of Constitution of India was filed by the petitioner with the prayers as under:-

(2.) In terms of the order dated 16/2/2001 above Cri.writ was ordered to be treated as a petition under section 482 Criminal Procedure Code. by a Division Bench. It is how the matter is before this court.

(3.) Chargesheet was filed against the petitioner-accused alleging that he was recruited as S.I.(Executive) in Delhi Police on 30/6/1979 against scheduled caste vacancy on the basis of scheduled caste certificate procured by him from Deputy Commissioner, Delhi on 22/4/1976. In this certificate the petitioner was shown to be belonging to 'Dhanak caste'. It is further alleged that in 1989 the petitioner asked for change in caste from scheduled caste to scheduled tribe and he submitted a certificate dated 14/9/1989 issued by Tehsildar, Tehsil Chaksu in District Jaipur (Rajasthan). In this certificate the petitioner was shown to be belonging to scheduled tribe community. In view of said two contradictory certificates a case was registered under section 420 Indian Penal Code against the petitioner. After filing of charge-sheet, charge under section 420Indian Penal Code was ordered to be framed against him by the order dated 4/3/1996 passed by a Metropolitan Magistrate. Criminal Revision No.6/96 taken out against this order was dismissed by the order dated 28/8/2000 by an Additional Sessions Judge. Copies of both these orders have been filed alongwith the petition as Annexure "D" and "E" respectively.