HEMENDRA NATH CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition was filed by the petitioner for quashing the First Information Report which was filed against the petitioner alleging offence under Section 419/468/471 of the Indian Penal Code on the basis of which a criminal case has been started.

(2.) The case of the petitioner is that the petitioner passed Matriculation. Examination from the District of Moimansing under Dacca Board now in Bangladesh in the year 1948 and came to, India as refugee after partition in the year 1947 and got himself admitted in Intermediate Science Class, in Charu Chandra College, Calcutta. It is stated that at the time of his entry in the college, the petitioner did not get his original Matriculation Certificate from Dacca Board but on production of the school leaving certificate issued by the Director of the Schools, the petitioner was allowed to be admitted in College. While the petitioner was a student of Second year of Intermediate Science Class, the petitioner applied for the recruitment in the Indian Airforce and ultimately the petitioner was selected and joined in the Airforce sometime on August 1949. The petitioner served the Indian Airforce for more than 17 years on different places in different ranks and on 24th July 1967, the petitioner was demobilised from Indian Airforce while he was working as Sergeant though his substantive rank at the time of demobilisation was corporal. The petitioner availed of the leave accrued to him before his retirement and after availing of the leave the petitioner was demobilised on and from 19th November 1967. In 1976 the petitioner came to know that the posts of Security Officer-cum-Care-taker in the Rabindra Bharati University were vacant and would billed up. The petitioner applied for the said post and ultimately the petitioner was interviewed by the Vice-Chancellor of the Rabindra Bharati University and the petitioner was selected in the said post. On being selected for the post of Security Officer-cum-Caretaker of Rabindra Bharati University, the petitioner joined in the said post on 3rd February 1976 on ad hoc basis for a period of six months. On 2nd June 1976 on behalf of the Rabindra Bharati University an advertisement was published in the Statesman and Amrita Bazar Patrika inviting applications for the post of Security Officer-cum-Caretaker. The petitioner who was already working in the said post made an application pursuant to the said advertisement and the petitioner was interviewed by the Selection Committee consisting of the then Vice-Chancellor Vidyasagar University, Registrar of the Calcutta University, Registrar of Burdwan University, Registrar of Jadavpur University and the then Registrar of Rabindra Bharati University and the petitioner was selected by the said Selected Committee and that after selection the petitioner was appointed on probation for one year in the said post and after successful completion of probation period the petitioner was confirmed in the said post on 18th August 1977. It is stated that for some unknown reasons the Government of West Bengal held an enquiry into the affairs of Rabindra Bharati University and Dr. P. K. Chowdhury, the then Deputy Director to the Public Instruction (NGC) made inspection and submitted a report. During inspection the said Dr. P. K. Chowdhury interviewed amongst other, the petitioner, and wanted to know the particulars of the service under the Indian Airforce as also the date of birth. It is stated by the petitioner that at the time when the application for the post of Security Officer-cum-Caretaker was made, the petitioner had not with him School Leaving Certificate and from his memory be mentioned above his date of birth and that en 29th August 1987 some police men visited the petitioner's residence at about 3 p.m. in plain cloths and asked the petitioner to produce discharge certificate from the Indian Airforce and other papers. The petitioner produced the Certificate and other documents as asked by the police officials which were seized under the seizure list and requested the petitioner to accompany them to Lalbazar Police Head Once Quarters. At Lal Bazar Police Head Quarters it was disclosed by the petitioner that a complaint has been lodged by Dr. A. K. Chatterjee, I.A.S. Secretary Department of Higher Education against the petitioner under Section 419/468/471 of the Indian Penal Code and on the basis of the said complaint a police case being Section (E) Case No. LD367, dated 18.8.87 was started against the petitioner and that the petitioner was placed under arrest in connection with the said case on the date and ultimately the petitioner was released on bail on 4.9.87. On 14th September, 1987 the petitioner served with a letter of suspension from the service of the said University on the ground that the petitioner was detained for a period exceeding 48 hours. In the First Information Report it was alleged that the discharge Certificate from the Indian Airforce which was produced by the petitioner was tampered and false for the following reasons:

(3.) Mr. S. P. Talukdar, learned Advocate appearing on behalf of the petitioner contended that the First Information Report contained false and frivolous allegations made with some ulterior motive and the whole purpose of the false and frivolous allegation with ulterior motive was to harass the petitioner and keep the petitioner under suspension. It was stated that there was no interpolation whatsoever in the discharge Certificate produced by the petitioner. In the discharge Certificate it was alleged that the word 'Corporal' changed by the word 'Sergeant'. This discharge Certificate was issued by 24th July 1967 by Sri M. Ghosh, FG Officer commanding and that in order to establish in the said document that there was no interpolation in the said document, the petitioner made representation before the Zila Sainik Board, Calcutta, Defence Department, Government of West Bengal and that the Secretary of the said Sainik Board by the Letter, dated 10th January 1988 conformed the Vice-Chancellor of the Rabindra Bharati University that - "It was represented by Sri H. N. Chakraborty (Na 204997 Ex-Corporal) (Acting Sergeant) that a case was registered against him for producing a tampered/forged discharge Certificate. His rank and the date of issue of the discharge Certificate on 24th July 1967 was also stated to have been suspected by you. In this connection it is pointed out that on receipt of the representation from the above individual, the matter was reported to the Air Force Record Office who is the Competent Authority in this particular case. Unfortunately this has not been followed in the instant case resulting in harassment of an individual and causing damage to his reputation. The Air Force Record Office has confirmed and issued a Certificate of genuineness of the claim of the individual. Therefore, issue of warrant of arrest and keeping a dignified citizen in the police custody for 5 days, without enquiring the genuineness of the allegation, seems to be unjust.