SUR SINGH SOLANKI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE following order of the Court was passed by :

(2.) ALL the petitioners/applicants 14 in number are being prosecuted for offences under sections 120-B, 420, 407, 468, 471 and 201 of the Indian Penal Code and sections 13(1)(d) and 13(2) of the Prevention of Corruption Act 1988 vide Special Case No.19/2010 in the Court of Special Judge (Prevention of Corruption Act, 1988), Bhopal. The special case arises out of first information report registered on 29.9.2003 by the non-applicant State Economic Offences Wing vide crime no.18/2003. The petitioners/applicants have prayed for quashing of the proceedings of special case as well as setting aside of the order dated 21.1.2013 passed by the Special Judge whereby he has framed charges of the offences mentioned above against them.

(3.) THE cases of all the 20 firemen were examined by the concerned authority on the basis of criteria laid down by the Committee in its meetings dated 20.10.1997 and 12.1.1998 which prescribed that the candidates concerned must be proficient in fire- fighting, must possess a driving licence, must be a person who has undergone training in fire-fighting and must possess experience in that respect. Admittedly, vide order dated 1.6.1998 the candidates namely Kusumlal Raghuvanshi, Shyam Kishor Pawar, Roop Narayan Sharma, Sahab Singh, Pratap Singh, Gopal Singh, Rameshwar Prasad, Bishan Chand and Brijendra Singh were temporarily appointed as firemen in the revised scale of Rs.1350-4590 subject to medical examination and character verification. These candidates but for Kusumlal Raghuvanshi, Shyam Kishor Pawar and Roop Narayan Sharma are accused and petitioners/applicants (except accused Sahab Singh) in the present bunch of cases. The other petitioners/applicants have been made accused on the allegation that they, as public servants, manipulated the appointments of candidates as firemen by favouring them and forging documents, etc.