K K PANDEY Vs. NARPAT SINGH

JUDGEMENT

(1.) THIS is a reference, submitted by learned Sessions Judge, Jhunjhunu, recommending that the order for the issue of process against the petitioner, K. K. Pandey, for the offence under Section 477, I. P. C, be quashed.

(2.) NARPAT Singh Deora, it is alleged, made a complaint to the Court of Munsiff-Magistrate, Khetri, on October 5, 1971, to the effect that the complainant had been working as U. D. C, in the Administration Wing of Khetri Copper Project since January, 1969. K. K. Pandey was working as Personnel Manager there. In the aforesaid Project the post of Estate Supervisor fell vacant. Applications from prospective candidates for the post were invited by K. K. Pandey from the employees of the Corporation. In pursuance of the above invitation the complainant submitted an application. A scrutiny of the applications was made by the Assistant Personnel Officer (Recruitment) and after a searching look he recommended the name of the complainant along with one more candidate. The recommendation was duly endorsed by the Personnel Industrial Relations Officer. Thereafter the file was sent to the Chief Town Administrator for perusal and he in his turn recommended a number of names including the complainant. The Chief Town Administrator then sent the file to K. K. Pandey for the approval of the proposal. Personnel Manager, Khetri Copper Project, K. K. Pandey agreed with the recommendations of the Chief Town Administrator and reduced into writing that the candidates recommended by him be called for interview. Soon after the accused changed his mind and fa order to accord benefit to another candidate and to cause damage to the complainant, he. with fraudulent and dishonest intention, completely defaced his own endorsement by pasting a chit thereon and thereby committed mischief with the document. The pasted piece of paper contained a different endorsement. The complainant after that defacement was not called for interview. The complainant was the most suitable person for the post as he was equipped with all the requisite qualifications. Had the accused not disfigured his own endorsement, the complainant stood a fair chance of selection. The endorsement made by the accused on the Chief Town Administrator's proposal created a legal right for the complainant to be called for an interview. It was a valuable security. The complainant, in the end, prayed that K. K. Pandey should be prosecuted under Section 477, I. P. C, for tampering with the valuable security.

(3.) ON receipt of the above complaint learned Munsiff-Magistrate, Khetri, examined Narpat Singh as P. W. 1, Chandra Prakash P. W. 2 and K. B. Chohan P. W. 3. Thereafter the Court ordered on December 15, 1971, that process be issued against K. K. Pandey, Personnel Manager, Khetri Copper Project, in connection with the alleged offence under Section 477, IPC