STATE OF HIMACHAL PRADESH Vs. DURGA DASS BHARDWAJ

JUDGEMENT

(1.) STATE has appealed against the judgment dated 25th September, 2006 of learned Special Judge, whereby Respondents Durga Dass Bhardwaj and Ors. (all numbering 33) have been acquitted of the charge, under Sections 420, 467, 468, 471, read with Sections 109, 34 and 120B of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act, 1988.

(2.) RESPONDENTS were challenged by the police, on the allegations that Respondents No. 1 to 3, namely Durga Dass Bhardwaj, Jagdish Singh and Negeshwar Prasad, had conspired to issue fake JBT diplomas to unemployed young people, by charging hefty amounts of money from them. Other Respondents, numbering 30, were alleged to have obtained fake certificates from them, by making illegal payments to the above -named three Respondents. Respondent Jagdish Singh was employed as Vigilance Officer with the Bihar Vidyalaya Pariksha Samiti, in the early eighties. Taking advantage of his position in the said Samiti, he entered into a conspiracy with Respondent Durga Dass Bhardwaj, resident of village Nagrota Surian, Tehsil Dehra in Kangra District and Respondent Nageshwar Prasad, Principal of Chhota Nagpur Prathmic Shikshak Shiksha Mahavidyalaya, Ranchi.

(3.) RESPONDENTS No. 4 to 33 obtained fake certificates, by paying huge amounts of money, varying from Rupee 10,000/ - to Rupee 15,000/ -. On the strength of those fake diplomas/certificates, Respondents No. 4 to 33 applied for the posts of JBTs, in Himachal Pradesh, when such posts were advertised, in the year 1988.