ASHOK KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed with a prayer for quashing the entire criminal proceeding including the Order dtd. 30/9/2019 taking cognizance for the offences punishable under Sec. 120 (B), 201, 420, 468, 471 of the Indian Penal Code and under Sec. 13 (2) read with Sec. 13 (1) (d) of the Prevention of Corruption Act, 1988 in R.C. Case No. 04(A)/2013-R passed by learned A.J.C.-XVI-cum-Special Judge, C.B.I., Ranchi inter alia against the petitioner.

(3.) The brief facts of the case is that the co-accused persons respectively being the member, examination controller-cum-secretary of the Jharkhand Public Service Commission thus public servants along with a private person of M/s. Global Informatics and inter alia the petitioner entered into a criminal conspiracy and in pursuance of the said criminal conspiracy, the public servants in abuse of their respective official positions dishonestly and fraudulently manipulated/allowed to manipulate the merit list, assessment charts of the selection process of lecturers of the three universities of Jharkhand to extend undue benefit to their preferred candidates including the petitioner and inter alia dishonestly and fraudulently the petitioner was declared qualified even though the petitioner got marks less than the minimum marks required for the said examination and for this purpose marks in the assessment charts of the petitioner was increased to extend undue favour to the petitioner which facilitated the selection of the petitioner as a lecturer of English. The specific allegation against the petitioner is that the petitioner was declared selected on the basis of 37 marks for his career and 38 marks for interview i.e. total 75 marks but the Central Forensic Science Laboratory deciphered that the petitioner was initially given 31 marks in the interview which was manipulated to 38 in the Assessment Chart and by such manipulation the petitioner was only entitled to get 75 marks which was the minimum marks required and because of the said manipulation done in criminal conspiracy with the co- accused public servants, the petitioner could succeed in getting selected as a lecturer in English. The co-accused member of Jharkhand Public Service Commission who was the Chairman of the Interview Board in respect of the interview of the petitioner for the said purpose, in criminal conspiracy with the petitioner, did the manipulation.