STATE OF HIMACHAL PRADESH Vs. RAMESH KUMAR

JUDGEMENT

(1.) STATE has appealed against the judgment dated 1st May, 2002, of learned Special Judge, Kullu, whereby respondents Ramesh Kumar, Pushpa Thakur and Tek Singh, who were tried for various offences, falling in the category of forgery, cheating and misconduct by Government servant, under Section 13(2) of the Prevention of Corruption Act, 1988, stand acquitted.

(2.) PROSECUTION's case, which led to the charging and the trial of the respondents, may be stated. Certain posts of JBTs, some of which were reserved for various categories, including OBC category, were vacant in Kullu District. Deputy Director (Education), Kullu, sent requisitions to the concerned Employment Exchanges. Names of various persons were sponsored. Respondents Pushpa Thakur and Tek Singh were amongst those whose names had been sponsored. It appears that they applied against the posts reserved for OBC candidates. With the applications, they submitted photostat copies of OBC certificates Ex. PW-1/A (in respect of respondent Pushpa Thakur) and Ex. PW-1/B (in respect of respondent Tek Singh). On the strength of these certificates, they were selected and appointed against the posts reserved for OBC candidates. Lateron, it transpired that the certificates, copies Ex. PW-1/A and Ex. PW-1/B, submitted by respondents Pushpa Thakur and Tek Singh, were forged. Inquiry was conducted by SDO (Civil), Kullu, by whom the aforesaid certificates purports to have been issued. His inquiry revealed that the certificates had not been issued by him and that the same had been forged by respondent Ramesh Kumar, who was those days working as Senior Assistant in the Office of Deputy Director (Education), Kullu, to cause unlawful gain to respondents Pushpa Thakur and Tek Singh and corresponding unlawful loss to the deserving candidates of OBC category as also the Education Department.

(3.) DURING the course of investigation, specimen and admitted writings/signatures of respondent Ramesh Kumar were obtained and sent to the Government Examiner of Questioned Documents, for comparison with the signatures and writings, on the photostat copies of the aforesaid two certificates Ex. PW-1/A and Ex. PW-1/B and also two entries in Register Ex. PW-7/G, in which names of respondents Pushpa Thakur and Tek Singh are alleged to have been interpolated, by respondent Ramesh Kumar. Handwriting Expert, namely PW-10 Shri H.M. Sexena, though could not express any opinion, with respect to the writings and signatures on the two certificates, he did opine that the entries in Register Ex. PW-7/G, which had been made, after scoring out the original entries, at Serial Nos.3424 and 3431, were in the hand of respondent Ramesh Kumar.