PARMATMA SHARAN KANSAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, the Union of India, the State of Bihar as well as the respondent no.8.

(2.) THE petitioner has been named as accused no.6 in Complaint Case No. 1751(C) of 2005. The respondent no.8 is the complainant of the case which has been instituted for the offence under Sections 409, 420, 467, 468, 471 and 120B of the Indian Penal Code. In complaint case cognizance has been taken by the S.D.J.M. Patna by order dated 20.7.2005

(3.) FACTS of the case are that on 22.6.2005 the Complaint Case No. 1751. of 2005 was instituted from which it revealed that one letter of appointment was issued by the then Deputy Director, Regional Office, Patna for appointment of one Md. Ashraf Ali on the post of Trained Graduate Teacher (Science) although his name was not there in the panel recommended for appointment. Md. Ashraf Ali joined on the post on 1.7.1996 at Jawahar Navodaya Vidyalaya (Bikram), Patna. When the said illegal appointment of Ashraf Ali came to the knowledge of officials of the, Regional Office at Patna, the matter was referred to the Headquarter of Navodaya Vidyalaya Samiti, New Delhi. The headquarter of Navodaya Vidyalaya at New Delhi started sending various directions from time to time in the matter of said, illegal appointment and the office at the Regional Office, Patna acted on the direction/guidelines issued from the Headquarter. However, inspite of the orders of the headquarter, the officials at Patna Regional Office managed the orders in favour of Md. Ashraf Ali and instead of taking action for his termination, he was awarded honour of Guru Ratna and his name was also placed in the seniority list. The issue of illegal appointment of Ashraf Ali was only being discussed in file since 1998 but he was allowed to continue in his service with all financial benefits. This caused huge financial loss approximately amounting to Rs ten lacs and more. Guru Ratna was also awarded to this illegal appointee. The officials named as accused in the complaint petition managed his confirmation and brought the issue in the light only finding no other way for saving their skin. They manipulated to involve Daya Shankar Singh, the retired Deputy Director under whose fake and forged signature the order of appointment of Md. Ashraf Ali was issued. The accused persons in collusion and conspiracy with each other have committed the offence punishable under Sections 409, 420, 467, 468, 471. and 120B of the Indian Penal Code. The S.D.J.M. Patna took cognizance in the matter which is under challenge in the present application.