TARKESHWAR PRASAD SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition (criminal) has been filed with a prayer for quashing the entire criminal proceeding including F.I.R. arising out of Jamtara P.S. Case No. 337 of 2013 dated 27.9.2013, registered u/ss. 420/409/467/468/471 corresponding to G.R. Case No. 971 of 2013 then pending in the Court of learned CJM, Jamtara. The prosecution case in brief is that the petitioner was posted as accounts clerk in Rural Engineering Organization, Jamtara from 22.3.1987 to 17.8.1990. During that tenure, he had withdrawn Rs. 1,04,393/- on account of salary and other allowances. On departmental inquiry, it was detected that Last Pay certificate (LPC), produced by the petitioner, was found fake and therefore, direction to lodge F.I.R. was given and hence F.I.R. was lodged by Assistant Engineer, Work Sub-Division, Kundahit.

(2.) It is submitted that on the same set of allegation, departmental proceeding was initiated vide Annexure-2 in which he has been exonerated from the charges and the LPC available in the office was found to be correct. Since, the petitioner has been exonerated in the departmental proceeding, criminal prosecution arising out of same is liable to be set aside. Learned counsel has also relied on the judgment P.S. Rajya vs. State of Bihar, 1996 9 SCC 1.

(3.) On the other hand, learned counsel, appearing for the State has opposed the argument and submitted that again a eight member committee was constituted and para-3 of the said report annexed with the F.I.R. clearly indicates that there was no reference of memo number in the dispatch register with regard to issuance of that LPC and the LPC produced is also not having memo number and it is forged one.