PUSHKAR MAL VERMA Vs. STATE CBI

JUDGEMENT

(1.) THIS petition under Section 482 CrPC read with Article 227 of the Constitution of India assails the order dated 23.7.2011 of framing of charges against the petitioner along with other co-accused persons under Sections 120-B/420/467/468/471 IPC & 13 (2) read with Section 13 (1)(d) of P.C. Act.

(2.) THE facts in brief are that during the year 1999-2000, the petitioner was posted as District Primary Education Officer at Mahendergarh when the Government of Haryana through its Department of Directorship of Education made appointment of 3206 JBT teachers in different districts. Earlier, the process of appointment was proposed to be conducted by Haryana Public Service Commission, but during the relevant period, this was transferred to the Department of Directorate of Primary Education. In pursuance thereto, District Level Selection Committees were formed and the petitioner was appointed as the Chairman of the Selection Committee of the District Committee of Mahendergarh. THE allegations were that the selection of 3206 JBT teachers was made on the false interview list of 18 districts including that of Mahendergarh. THE offences came to be unearthed when Sanjiv Kumar, State Project Director was given additional charge of Director, Primary Education from his predecessor Rajni Sekhri Sibbal because of the later having not toed the lines of the authority in changing the list. Ms.Sibbal had kept the result of interviews received from various districts in sealed cover and under the lock and seal in her office almirah and formed a committee empowered to break open the said lock and seal and check the papers and prepare the final merit list. It was because of this that Sanjiv Kumar was given the additional charge of Director, Primary Education in her place. THE allegations are that the Committee formed by Ms. Shekhari Sibbal was changed and another set of list by changing the interview marks was prepared by the 18 District Level Selection Committees including the Committee headed by the petitioner.

(3.) I have heard learned counsel for the petitioner and the learned Prosecutor for CBI and perused the record.