JOGESH KUMAR GOMBER Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way this revision petition, the petitioner has prayed for the following relief:

(2.) The case of the prosecution was that through accused Ashok Kumar Chaudhary Government of Himachal Pradesh received a copy of order dated 25.09.2002 purportedly passed by the Hon'ble Supreme Court of India alongwith a letter from Rashtrpati Bhawan, New Delhi, whereby accused Ashok Kumar Chaudhary was recommended as appointee to the post of Joint Secretary to the Government of Himachal Pradesh. Letter of recommendation for appointment was signed by accused Surender Singh Bhatia as authorized signatory and accused Jogesh Kumar Gomber (present petitioner) as authorized signatory. Further as per the prosecution, accused Ashok Kumar Chaudhary visited the office of Shri B.S. Nanta, Special Secretary to the Government of Himachal Pradesh in connection with his appointment many times. He also visited other high officials in this regard. However, as there was no intimation to the State Government regarding so called orders passed by the Hon'ble Supreme Court, prima facie, the entire episode was found to be suspicious and accordingly Shri Subhash Negi, the then Secretary (Personnel), to the government of Himachal Pradesh telephonically contacted Rashtrpati Bhawan, New Delhi and it was gathered that no such recommendation was ever made in favour of accused Ashok Kumar Chaudhary for being appointed as Joint Secretary. According to the prosecution, accused Ashok Kumar Chaudhary alongwith other co-accused including the present petitioner connived with each other and forged documents in order to cheat the State Government so that accused Ashok Kumar Chaudhary be appointed as Joint Secretary to the Government of Himachal Pradesh.

(3.) On the basis of complaint lodged by Special Secretary to the Government of H.P., FIR was registered against the accused persons and investigation was carried out. After the completion of the investigation, challan was filed in the Court and as a prima-facie case was found against the accused, accordingly, they were charged for offences punishable under Sections 419, 466, 468, 471 and 120B of the Indian Penal Code (for short 'IPC') to which they pleaded not guilty and claimed trial.