OM PRAKASH MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed on behalf of applicant/accused being aggrieved by the order dated 28-3-2011 passed by IVth Additional Sessions Judge, Tikamgarh in Sessions Trial No. 26/10, framing the charges against him for the offence of sections 420 in alternative 420/34, 468 in alternative 468/34, 467 read with section 471 in alternative 467 read with 471/34 and 201 in alternative 201/34 of Indian Penal Code.

(2.) The facts giving rise to this revision in short are that on receiving a report in writing dated 24-11-2008 from the Office of Chief Municipal Officer, Nagar Panchayat Khargapur at Police Station Khargapur, after making the preliminary enquiry a Crime No. 20/09 for the offence of sections 420, 467, 468 and 471 of Indian Penal Code was registered against the applicant and one Dharmadas Balmik. According to which, the present applicant being posted as Incharge Chief Municipal Officer Nagar Panchayat Khargapur, had issued the promotion order dated 6-8-2008 promoting to Safai Kamgar Dharamdas Balmik s/o Guile Balmik, on the post of "Safai Daroga" (Sanitary Inspector). Passing out the VIII Class was the requisite qualification for such promotion of Sanitary Inspector. In the service record of said Dharamadas, no such mark-sheet of VIIIth Class was available. THE concerning mark-sheet of Vth Class, on verification from the Headmaster of the concerning School, according to annexed letter of such School was shown to be forged. THE information passing out VIIIth Class by Dharamdas, was sent to the superior Office by the applicant, who was posted as Chief Municipal Officer. THE promotion case of Dharamadas was sent to the higher officials contrary to the proposal and Resolution No. 8 dated 5-8-2005, according to which, no any existing employee of such Nagar Panchayat, was found to have requisite qualification for such promotion and pursuant to that to fill up such post by direct recruitment was resolved. In promotion case after holding the selection proceedings the requisite approval was also not taken from the PIC in this regard. In spite giving intimation dated 12-1-2008, to Dharamdas to produce the original mark-sheets of Vth and VIIIth Class, the same were not submitted by him in the Office of Nagar Panchayat. Accordingly the mark-sheet of Vth Class was forged. In such premises, the entire proceedings of the aforesaid promotion case being sent on the basis of forged and fabricated mark-sheet and the record, the prayer to make an enquiry for appropriate action was made. In investigation, various papers and articles were seized one Bhagwant Singh Thakur, who prepared the aforesaid forged and fabricated mark-sheets of Dharamadas for Vth and VIIIth Class. THE interrogatory statement of various witnesses including Satish Chandra Agrawal, the In-charge Chief Municipal Officer, Ram Kumar Mishra, Head Master of some Middle School, Brij Kishore Sarvaria, the Head Clerk and Gotiram Sutrakar, the Elected President of such Nagar Panchayat, were recorded. On completion of investigation, prima facie it was established that subsequent to resolution of 5-8-2005, contrary to such resolution and the existing service record of Dharamadas and norms, the applicant accompanied with the aforesaid co-accused in furtherance of their common intention to secure the promotion of Dharamdas by practicing the fraud, prepared the promotion case by forging, fabricating and tempering the record and sent the same to the higher authorities and thereby, the applicant has committed the offence of sections 420, 467, 468, 471 and 201 of Indian Penal Code on which along with the co-accused he was also charge-sheeted for the same.

(3.) On the other hand by justifying the impugned order framing the charges against the applicant and other co-accused, learned Panel Lawyer Shri Alok Tapikar said that, the same is in consonance with the police report and the papers placed along with such report showing the prima facie involvement of the applicant and the ingredients of the alleged offence against him. Thus the impugned order does not require any interference at this stage either to discharge the applicant or modify the charges in any manner and prayed for dismissal of this revision at the stage of admission.