SUCHITA BARA Vs. UNION OF INDIA

JUDGEMENT

(1.) By the Court:- Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed under Sec. 482 Code of Criminal Procedure invoking the jurisdiction of this Court 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 inter alia against the petitioner and the co-accused persons.

(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 along with private personnel 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 ensured that the petitioner who secured less marks than the cut-off marks, was fraudulently and dishonestly declared successful in the result published by the Jharkhand Public Service Commission and was appointed as Lecturer in Hindi on the basis of eligibility attained by their fraudulent J.E.T. (Jharkhand Eligibility Test) results and the co-accused persons including the brother of the then Member of the Jharkhand Public Service Commission, sister of one of the members of the then member of Jharkhand Public Service Commission. It is further alleged that the co-accused public servants in criminal conspiracy with the petitioner and the other co-accused persons, using their official position dishonestly and fraudulently manipulated the merit list, assessment charts to extend undue benefit to their preferred candidates including the petitioner and under the guidance of Jharkhand Public Service Commission, the petitioner was declared qualified even though she secured marks less than the candidates who even after securing more marks, could not qualify for the post of Lecturers and the recruitment test was conducted in complete violation of the Jharkhand Public Service Commission (Rules of Procedure), 2002. It is further alleged that the allegation against the petitioner is that petitioner only received 93 marks in Paper III of the Jharkhand Eligibility Test whereas the minimum marks required for Hindi was 105.