G. SURESH KUMAR Vs. STATE

JUDGEMENT

(1.) On a complaint lodged by the Principal, Pondicherry Engineering College, the Inspector of Police, Vigilance and Anti-Corruption, Puducherry registered a case in Crime No.2 of 2017 on 21.12.2017 for the offences under Sections 166, 182, 420, 468 and 471 IPC read with Section 13(2) of the Prevention of Corruption Act, 1988 against the petitioner, for quashing which, this petition has been filed under Section 482 Cr.P.C.

(2.) Heard Mr.S.Karuppiah, learned counsel for the petitioner and Mr.D.Bharatha Chakravarthy, learned Public Prosecutor (Puducherry) appearing for the State.

(3.) The sum and substance of the allegations in the complaint which formed the basis for the registration of the F.I.R. is as under : The petitioner belongs to Parayar [Scheduled Caste (SC) community]. The Pondicherry Engineering College (for brevity "the College") advertised for filling up of five posts of lecturers of which, four were under the unreserved category and one was under 'Other Backward Class' (OBC) category. The petitioner knowing full well that he belongs to SC community, obtained a caste certificate No.9651/TOO/F/O7 dated 02.07.2007 from the Tahsildar, Puducherry showing as if he belonged to OBC and joined the College as Lecturer on 03.07.2007 under the OBC category. He worked for a period of 51 days from 03.07.2007 to 22.08.2007 and drew salary and allowances to a tune of Rs.31,582/-. However, he resigned on 23.07.2007 and left the college. The Vigilance Department somehow got wind of this and started sniffing around. They conducted an enquiry and submitted a report to the Superintendent of Police, based on which, a communication was sent to the College along with the vigilance enquiry report and study certificates of the petitioner. Based on the materials so submitted, the Principal of the College gave a complaint dated 18.12.2017, based on which, the impugned F.I.R. has been registered as stated above.