MAKBUL GULAMMIYA MALEK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner-original accused no.1 under Section 482 of the Code of Criminal Procedure, 1973 ("Code" for short) seeking quashing and setting aside the impugned FIR being C.R.No.I-114 of 2006 registered with Valsad Railway Police Station, Dist.Valsad for the offences punishable under Sections 468, 471, 472 and 120B of the Indian Penal Code, 1860 ("IPC" for short) as well as the charge-sheet and criminal proceedings arising out of the impugned FIR being Criminal Case No.3962 of 2010 pending before the Judicial Magistrate, First Class, Surat-Railway as well as the order passed by the Sessions Judge, Valsad dated 14.12.2016 below Exh.1 in Criminal Revision Application No.8 of 2015 and order of Judicial Magistrate, First Class, Surat-Railway dated 05.11.2014 below Exh.6.

(2.) The shorts fact of the prosecution story as per the FIR and charge-sheet is that the respondent no.2- original complainant is a resident of Valsad and is familiar with the original accused Nos.1 and 2 named in the FIR. The father of both the original accused nos.1 and 2 were serving with the Indian Railways, whereas the father of the complainant, his uncle and his brothers are also serving with the Indian Railways. Furthermore, it is stated in the FIR that the accused nos.1 and 2 are serving as Fitter with Electric Loco Shed of Mumbai Division, Western Railway at Valsad. It is also stated that the accused nos.3, 4 and 5 are high ranking officials of the Vigilance Department of the Western Railways. It is the case of the complainant that the accused nos.1 and 2 procured services with the Indian Railways by producing forged, fabricated certificate of their education qualifications. In this manner, the accused nos.1 and 2 created false documents and produced them before the Western Railway authorities and obtained appointment with the Western Railway. It is further stated that when the complainant came to know about the said fact, he immediately brought the said fact to the notice of accused no.5, who at the relevant point of time, was serving as Chief Vigilance Officer, Western Railways. It is further stated in the FIR that the accused no.5, in turn, asked the accused no.4 to consider the matter and the accused no.4, in turn, asked the accused no.3 to do the needful in the matter. It is also the case of the complainant that instead of taking appropriate stern steps against the petitioner i.e. the accused no.1 and other accused no.2 for their misdeeds, the accused nos.3 and 5 have tried to protect them and indirectly helped the accused nos.1 and 2 to get themselves absolved from their liability. It is also stated in the FIR that the complainant addressed many letters to the different authorities to take appropriate steps against the accused nos.1 and 2 by adducing necessary evidence, but of no avail. It is stated in the FIR that instead of imposing major penalty of dismissal or removal from service, the accused nos.1 and 2 were inflicted with minor penalty of withholding of three increments. It is alleged that, in this manner the accused nos.3, 4 and 5 have tried to protect the accused no.2 and accused no.1, who have shown complete negligence towards their duties. It is in this fashion that an FIR dated 03.11.2006 came to be registered by him for the alleged offences punishable under Sections 468, 471, 472 and 120B of the IPC challenging the appointment made of the accused no.1 and 2 in the year 1994.

(3.) Ms.Tejal Vashi, learned advocate for the petitioner has submitted that the petitioner is appointed in consonance with the provisions of the Indian Railway Establishment Code on a notification dated 11.04.1991 and in view of the said notification, the necessary qualification for being recruited, appointed and selected to the post of "Casual labours" was Standard 8th pass. It is submitted that the petitioner since falling in the said category, made an application on 15.04.1991 and thereafter, he was appointed by Recruitment/Office letter dated 19.09.1991 with a select list to the post of Casual Labour. Interestingly, as per the list, the qualification of persons selected with ITI is mentioned and since the petitioner, who is a 12th standard pass and was not claiming or had any other qualification, his name for appointment to the said post came to be reflected at Sr. No.58 based on his qualification without any additional degree.