The court ruled that the absence of dishonest intention in the allegations against the petitioners justified quashing the criminal proceedings under Section 482 of Cr.P.C.

ORDER:

V.SUJATHA, J.

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short “Cr.P.C.”) to quash the proceedings in C.C.No.189 of 2018 on the file of the Judicial Magistrate of First Class, Guntakal, registered for the offence punishable under Sections 463, 420, 506, 120B, 500 read with 34 of Indian Penal Code (for short “I.P.C.”).

2) Petitioners herein are accused Nos.1 to 9. Respondent No.2 is the complainant. Respondent No.2 herein filed private complaint under Section 200 Cr.P.C. alleging that while he was working in the Office of the Senior Divisional Personnel Officer, Guntakal, during the year 2011, he was entrusted with the job of verification of the 9th Standard certificate of S.A.Vali, S/o. Abdul Rahiman, who is a candidate to be appointed on compassionate grounds. After verification of the School Leaving Transfer Certificate issued by Royal English Medium High School, Old Guntakal, respondent No.2 submitted a report stating that the said S.A.Vali possessed educational qualification 9th Standard and the said Transfer Certificate is genuine and the said report was submitted by respondent No.2 only with an intention to benefit the Compassionate Appointment of the candidate. Later, department conducted second inquiry with regard to the genuineness of the said Transfer Certificate.

3) Petitioner No.1 is the Retired Chief Vigilance Inspector who conducted the second inquiry with regard to the genuineness of the Certificate, which is initially verified by respondent No.2 herein. Petitioner No.2 is the retired Deputy Chief Personnel officer (Welfare & Reservations), who issued the Memorandum of Charge Sheet dated 17.10.2012. Petitioner No.3 is the Assistant Inquiry Officer, who conducted the Inquiry. Petitioner No.4 acted as Disciplinary Authority on retirement of petitioner No.2 herein. Petitioner No.5 is the Appellate Authority and Petitioner No.6 is the Revisional Authority. Petitioner No.7 is the Deputy Chief Vigilance Officer (General), and petitioner No.8 is the Ex.Chief Vigilance Inspector (Personnel) and Petitioner No.9 is the Vigilance Inspector.

4) In the subsequent verification by the Department, the school leaving transfer certificate is found to be fake as per the statement of the Head Mistress of the said School on 28.07.2011 and based on the said statement of the Head Mistress of the Royal English Medium High School, Old Gurtakal, a memorandum dated 17.10.2012 was issued.

5) The said Memorandum resulted in a punishment of 'removal from service' by an order dated 15.06.2015 upon which, respondent No.2 preferred an Appeal to the Appellate Authority and the Appellate Authority by its order dated 18.01.2016 having considered the various submissions of respondent No.2 the punishment of 'removal from service' was reduced to that of 'Compulsory retirement from service'. Thereupon, respondent No.2 also submitted a Revision to the Revisional Authority and the Revisional Authority confirmed the order of the Appellate Authority, i.e., "Compulsory retirement from service". Respondent No.2 having been aggrieved by the orders of the Disciplinary, Appellate and Revisional Authority, filed O.A.No.570 of 2017 on the file of the Central Administrative Tribunal, Hyderabad Bench, Hyderabad and the same is pending adjudication. While things stood thus, respondent No.2 filed a private complaint under Section 200 of the Cr.P.C. for the offences under Section 463, 420, 506, 120B, 500 read with Section 34 of the Indian Pe