HIREMAGALUR PARTHSARTHY SHAMALAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these cases were directed to be heard together with Cr. W.J.C. No. 613 of 2007 since the two revision petitions arise out of the same Complaint Case No. 1751(C) of 2005 and the writ petition arises out of Shri Krishnapuri P.S. Case No. 82 of 2005 by one of the accused of the complaint case, namely, P.S. Kansal in respect of the same cause of action. However, the two revisions were heard on 22-10-2008, whereas the writ petition was heard separately on 10- 12-2008 and in my opinion since the matter involved are not the same, I am of the opinion that the order in the writ petition is required to be passed independently and separate from the orders in the revisions, in the aforesaid circumstances while separate orders shall be passed in respect of Cr. W.J.C. No. 613 of 2007, this order shall govern the two revisions which have been heard together on 22-10-2008.

(2.) The petitioner of Cr. Revision No. 138 of 2006 and the petitioner of Cr. Revision No. 140 of 2006, namely, Hiremagalur Parthsarthy Shamala alias H. P. Shamla alias A Shyamla and Kshitish Chandra Das alias K. C. Das respectively, both of whom along with others have been made to figure as accused in the aforesaid complaint petition, have by the two revisions prayed for the quashing of the order dated 18-1-2006 passed in the aforesaid complaint case by the learned Sub-Divisional Judicial Magistrate, Patna, whereby their petition under Section 205, Cr. P.C. has been rejected.

(3.) The aforesaid complaint was filed by one Pramod Kumar Singh, impleaded as Opp. Party No. 2 in both the revisions, inter alia alleging commission of overt acts by the twelve persons, all except one, being officials of Navodaya Vidyalaya Samiti, posted at various places, arrayed as accused. The allegation therein is that one Ashraf Ali, accused No. 11, was illegally appointed as T.G.T. (Sc.,) at Jawahar Navodaya Vidyalaya, Bikram, Patna by remaining accused persons in connivance and in conspiracy with each other by means of forgery and manufacturing documents and thereby making wrongful gain for themselves and causing wrongful loss to the Government exchequer and also committing deceit and the appointment letter was allegedly under the forged signature of the Dy. Director, D.S. Singh. It is further alleged that the forged letter of appointment of Ashraf Ali was detected in 1998 by the Assistant Director, R. K. Sharma, who brought it to the notice of Shamshul Haque, Dy. Directory, at the time of confirmation of service of appointed teachers who had completed two years of service, but the Dy. Director did not take any notice of the matter and issued orders for his confirmation with other teachers. It is further alleged that the issue of illegal appointment was raised time and again in the year 2000- 2001 with Dr. Hazarika as the Dy. Director and K. C. Das as Assistant Director when seniority of T.G.T. (Sc.) was under preparation. The matter was referred to the headquarter at New Delhi, where from orders for terminating the services of Ashraf Ali after completing necessary formalities were issued but the Regional Office at Patna sat tight over the same. It is said that in the meantime, Dr. Hazarika got transferred and his successor H.P. Shamla took over charge as Dy. Director. It is also said that in the meanwhile said Ashraf Ali got best teacher's award of 'Guru Ratna' with the blessings of the officials of the Regional Office and Headquarters at Delhi and the order of termination remained unattended. It is said that K. C. Das, the Assistant Director at the Regional Office, Patna, in connivance with others managed things and having obtained the consent of Shyamla recommended the regularization of illegal appointee Ashraf Ali. On the aforesaid premise, the allegation of the complainant is that all the accused persons including the two revisionists have committed offence under Sections 409,420, 468, 471 and 120-B, IPC.