FIROZ AHMAD Vs. STATE (THROUGH CBI)

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner and the learned Counsel of the C.B.I.

(2.) The instant revision application is for setting aside the order dated 3.3.2011 passed by Shri S.K. Dubey. the Special Judge, C.B.I, at Ranchi in C.B.I/SPE/ Ranchi Case No. RC 06A/04-R dated 5.3.2004 registered for offences under Sections 420/467/468/471/120-B of the Indian Penal Code and under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, whereby, the petition for discharge filed under Section 239 Code of Criminal Procedure was rejected and the Petitioners and other accused were directed to remain present for framing of the charge and the case is pending in the Court of Shri S.K. Dubey, Special Judge-CBI at Ranchi.

(3.) The prosecution case registered by the C.B.I. on 5.3.2004 in brief is that from a reliable source of information, it has come that these Petitioners including others and unknown officials of Bihar Intermediate Education Council, Patna entered into a criminal conspiracy among themselves and in pursuance of the said criminal conspiracy, the unknown officials of Bihar Intermediate Education Council, Patna tampered with the records of BIEC, Patna and inflated the marks obtained by the Petitioner and Ors. at the Intermediate Examination conducted by the said council and on the strength of such forged mark sheet the Petitioners and Ors. got them appointed in Postal Department, Jharkhand Circle, Ranchi as Postal Assistants/ Sorting Assistants by using these forged documents as genuine. It is further alleged that an advertisement for appointment to the post of Postal Assistants/ Sorting Assistants was issued by the office of the Post Master General, South Bihar Region, Ranchi in the month of February, 1995 and the prescribed minimum educational qualification for the advertised post was intermediate pass. The Selection was to be done only according to the merit of marks secured by the candidates in the intermediate and higher qualification examination. No. separate written examination/ test were taken by the Postal Department for selection. It is further alleged that the Petitioner and Ors. entered into a conspiracy with unknown officials of BIEC, Patna and got the records, tampered within as much as they got their marks inflated and managed to obtain marksheets showing inflated marks awarded to them by the council of the Intermediate Examination. The Petitioners and Ors. by virtue of inflated marks got themselves appointed as Postal Assistant/ Sorting Assistant in Postal Department, Jharknand Circle, Ranchi. Hence the present F.I.R. was lodged against the Petitioners and Ors. for cognizable offences. After investigation, the charge sheet was submitted against the Petitioners and other accused.