KHIROD KUMAR MAHAPATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application dated 30. 7. 2005 under section 482 read with section 397 of the Cr. PC quashing of the proceeding in Hura P. S. Case no. 19 of 2005 dated 30. 07. 2005 under section 409/468/420/120b/34 of the IPC pending before the learned Chief Judicial Magistrate, Purulia Sadar along with the orders passed therein by the said learned Magistrate is prayed for on the grounds as would be found in the sequel.

(2.) ONE Ananda Mahato lodged an FIR with the Hura P. S. being FIR No. 19/05 dated 30. 7. 2005 against the petitioner and another Ashok Paik Choudhury (not the petitioner herein ). Administrator of Kalibasa Junior High School and another Khagendranath Sahu (not the petitioner ). Director of School Secondary education, Purulia alleging the following.

(3.) THE petitioner was appointed an Assistant Teacher of Kalibasa Junior high School on 2. 1. 1970 when his qualification was B. A. B. Ed. On 3. 5. 1970 the petitioner was appointed Headmaster of the school which was recognized upto iind class on 1. 1. 1971 and upto IVth class on 1. 1. 1974 and in terms of the qualification of the petitioner he was entitled to graduation scale. During the fixation of scale of pay as per ROPA-1981, the accused/petitioner submitted a marksheet of 1974 before the D. I of Schools claiming to have passed M. A examination and allegedly be entitled to a post-graduate scale of pay and thereafter in the year 1987 he placed a provisional certificate and both the documents were found forged on enquiry. Seeing the marksheet of Ranchi university the D. I of Schools passed an order sanctioning disbursement of the salary as per post-graduate scale of pay on and from April, 1981. Subsequently on enquiry from Ranchi University it was detected that the petitioner failed in m. A. Bengali 1974 examination and knowing that fact that he was an unsuccessful candidate in the M. A. examination in Bengali in 1974 of Ranchi university, he in collusion with the accused No. 3, D. I of Schools withdrew the marksheet and placed a provisional certificate in 1987 on 18. 09. 1987 before the said D. I of Schools. The matter was enquired into in consultation with the tabulation register of M. A. examination in Bengali held in November, 1974 and on detection it was revealed that the petitioner whose roll No. was 526 obtained only 239 marks and failed in the said examination. Again on further enquiry it revealed that the petitioner appeared in M. A. in Political Science of ranchi University held in the month of September, 1981 but from the tabulation register it appeared that he did not sit in the examination On all papers and as such he failed in the said examination also. The provisional certificate of the petitioner submitted in 1987 showing himself to have passed in M. A. examination in Bengali was manipulated, tampered with and altered. The administrator of the High School (accused No. 2) and the D. I. of the Schools (accused No. 3) were both informed of the matter but both of them turned a deaf ear. A mass deputation was also given in the year 2004 to the D. I of Schools but in vain. The D. I. of Schools being entrusted with the Government money and having dominion over the Government money committed breach of trust in collusion with the accused Nos. 1 and 2 by allowing the petitioner the post graduate scale of pay on and from April, 1981. Similarly, the accused No. 2, the administrator of the school knowing fully well that the petitioner was not entitled to M. A. scale of pay permitted him to withdraw the salary in terms of post-graduate scale of pay. Accused No. 1 manufactured, manipulated and forged document for the purpose of drawing a scale of pay which he was not entitled to. On the basis of a forged provisional certificate showing him to have passed m. A. examination he dishonestly deceived the Government since 1981. It is further alleged that as first the petitioner in collusion with the accused No. 3 placed a forged marksheet in the year 1981 and obtained M. A. scale of pay since 1981 but when the marksheet was found to be forged he withdrew the marksheet and placed a new provisional certificate in the year 1987 thus drawing M. A. scale of pay.