Fraudulently obtaining employment using forged documents constitutes an offense under the Indian Penal Code and the Prevention of Corruption Act.

By the Court.-Heard the learned counsel for the petitioner and the learned Counsel of the C.B.I.

2. The instant revision application is for setting aside the order dated 3.3.2011 passed by Shri S.K. Dubey, the Special Judge, C.B.I. at Ranchi in C.B.I/SPE/Ranchi Case No. RC 06A/04-R dated 5.3.2004 registered for offences under Sections 420/ 467/468/471/120-B of the Indian Penal Code and under Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, whereby, the petition for discharge filed under Section 239 Cr.P.C. was rejected and the petitioners and other, accused were directed to remain present for framing of the charge and the case is pending in the Court of Shri S.K. Dubey, Special Judge CBI at Ranchi.

3. The prosecution case registered by the C.B.I. on 5.3.2004 in brief is that from a reliable source of information, it has come that these petitioners including others and unknown officials of Bihar Intermediate Education Council, Patna lentered into a criminal conspiracy among themselves and in pursuance of the said criminal conspiracy, the unknown officials of Bihar Intermediate Education Council, Patna tampered with the records of BIEC, Patna and inflated the marks obtained by the petitioner and others at the Intermediate Examination conducted by the said council and on the strength of such forged mark sheet the petitioners and others got themselves appointed in Postal Department, Jharkhand Circle, Ranchi as Postal Assistants/ Sorting Assistants by using these forged documents as genuine. It is further alleged that an advertisement for appointment to the post of Postal Assistants/ Sorting Assistants was issued by the office of the Post Master General, South Bihar Region, Ranchi in the month of February, 1995 and the prescribed minimum educational qualification for the advertised post was intermediate pass. The Selection was to be done only according to the merit of marks secured by the candidates in the intermediate and higher qualification examination. No separate written examination/test were taken by the Postal Department for selection. It is further alleged that the petitioner and others entered into a conspiracy with unknown officials of BIEC, Patna and got the records, tampered within as much as they got their marks inflated and managed to obtain marksheets showing inflated marks awarded to them by the council of the Intermediate Examination. The petitioners and others by virtue of inflated marks got themselves appointed as Postal Assistant/ Sorting Assistant in Postal Department, Jharkhand Circle, Ranchi. Hence the present F.I.R. was lodged against the petitioners and others for cognizable offences. After investigation, the charge sheet was submitted against the petitioners and other accused.

4. Mr. B.M. Tripathy Sr. Counsel, appearing for the petitioners submits that the petitioners got their appointment in the postal department about 12 years back and they have discharged their duties with all diligence and also qualified the departmental examination. It is further submitted that at the time of their appointment, their mark sheets were thoroughly scrutinized and the same were further got cross checked from the office of BIEC, Patna and only thereafter they issued appointment letters. It is further submitted that the investigating agency did not verify the actual answer books, and the hard disc of the computer maintained there in the office of BIEC, Patna. It is further submitted that the investigating agency also did not investigate the fact that how the marks sheet as well as the TR registers could be manipulated without the tacit and active connivance of the officials of the BIEC, Patna and why those officials were not made an accused in the case.

5. Mr. Tripathy has further submitted that no offence under Sections 467, 468, 420 I.P.C. is made out as it has been held in catena of decisions that mark sheet is not a valuable security and no pecuniary loss was caused to the public exchequer as the peti