Judgement :

The petitioner has challenged FIR No. 16/2015 for offence under Section 5(2) of the J&K Prevention of Corruption Act, 2006 (for short ‘the Act of 2006’) registered with Police Station, Vigilance Organization, Jammu (Now, ACB Jammu).

2. As per the impugned FIR, a verification, on the basis of a complaint against the officers/officials of J&K PSC regarding the concealment of facts and inclusion of fake RBA/OSC/ALC certificates by most of the selected KAS candidates, was conducted by the Vigilance Organization, Jammu. During the said verification, it was revealed that RBA certificate in favour of the petitioner has been issued in violation of the provisions of J&K Reservation Act 2004 (for short “the Act of 2004”), inasmuch as, the annual income of father of the petitioner exceeded the prescribed ceiling limit and that the petitioner had not completed her entire school education from the local area. It was found that the aforesaid facts are reflected in the report of the concerned Patwari, but in spite of this, the then Tehsildar Banihal Sh. Jitender Mishra issued RBA certificate in favour of the petitioner in contravention of the provisions contained in the Act of 2004. It