IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANANT BIJAY SINGH, J.
Dheeraj Kumar @ Dhiraj Kumar – Petitioner
Versus
The State of Jharkhand through (C.B.I EOW, Ranch i) – Opposite Party
A.B. A. No. 2110 of 2016
Decided On : 21-11-2016
Anticipatory Bail - Indian Penal Code - Sections 120B, 420, 468, 471 - P. C. Act - Sections 13(2) read with Section 13(1) (d) - JPSC Scam - [SUMMARY]
Fact of the Case:
The petitioner sought anticipatory bail in connection with a case involving the Jharkhand Public Service Commission (JPSC) scam. The allegations included irregularities in the appointment of teachers, manipulation of merit lists, and conspiracy by JPSC officials and the petitioner.
Finding of the Court:
The court granted anticipatory bail to the petitioner, considering the completion of investigation, lack of likelihood of absconding, and the petitioner's cooperation with the investigation.
Issues: The main issue was whether the petitioner deserved anticipatory bail in the JPSC scam case.
Ratio Decidendi: The court considered the completion of investigation, lack of likelihood of absconding, and the petitioner's cooperation with the investigation as the basis for granting anticipatory bail.
Final Decision: The court directed the petitioner to surrender within three weeks and granted anticipatory bail upon surrender, subject to specified conditions.
Heard learned counsel for the parties.
2. The petitioner is apprehending their arrest in connection with R.C. 06(A)/2013AHDR, for the offence registered under Sections 120B, 420, 468, 471 of the Indian Penal Code and under Sections 13(2) read with Section 13(1) (d) P. C. Act.
3. The prosecution case of prosecution as unfolded in the written report dated 09.08.2013 of Rajiv Ranjan, Superintendent of Police, C.B.I, EOW, Ranchi alleging inter alia that the Hon'ble High Court of Jharkhand at Ranchi vide its order dated 14.06.2012 arising out of W.P. (PIL) No. 3594 of 2011 with analogous cases directed the C.B.I to take up the enquiry of Vigilance P.S. Case No. PE36/2010 dated 24.09.2010, hence the Vigilance P.S. Case PE.36/2010 was registered as PE 1(A) 2012AHDR.
4. It has been alleged that the appointment were made by Chairman and Members of Jharkhand Public Service Commission of their near and dear one and relatives on the post of Primary Trained Teachers, Residential School Teachers and other posts by abusing their official position and thereby causing damage to other bright candidates. It is further alleged that on the requisition of the then Secretary, Welfare Deptt. Govt. of Jharkhand, JPSC advertised 235 posts of Residential School Teacher vide advertisement/notification No. 14/2006 dated 04.12.2006. Examination for Residential School Teachers was objective type consisting of General Hindi and General Studies of 100 marks each. Merit list was to be prepared on the basis of marks obtained in both subjects. After completion of the examination on 15.04.2007, merit list of 235 candidates were prepared and recommended for appointment. JPSC could make available only 301 OMR answer sheets of successful candidates. Scrutiny of merit list prepared by JPSC reveals the cut off marks for General, OBC, ST, SC categories were 162, 161, 144 and 149 respectively. Answer keys of objective type questions could not be made available by the JPSC. Scrutiny of 301 OMR sheets reveals that 13 candidates had attempted less number of questions, but were awarded more marks in the merit list. The merit list chart reveals that all the 13 candidates were not qualifying in any way on the basis of their respective answer sheets OMR sheets. They have only been selected on the basis of inflated marks allotted to them, in the merit list without any valid reason. These shows criminal conspiracy and criminal misconduct on the part of J.P.S.C officials, Sri Dhiraj Kumar (petitioner) of M/s NCCF, Ranchi and successful candidates.
5. It is further alleged that Dr. Dilip Kumar Prasad, the then Chairman, JPSC, Dr. Gopal Prasad Singh, Senior Member, JPSC, Dr. Shanti Devi, Dr. Radha Govind Singh 'Nagesh' the then members JPSC have approved the result of above examination on 01.11.2007. Smt. Alice Usha Rani Singh, the then Secretary cum Examination Controller, JPSC has processed and put up the above result for approval of board. Sri Dhiraj Kumar of NCCF, Ranchi was responsible for scanning of OMR answer sheets and preparation of merit list related to this selection of Residential School Teachers. The act and omission prima facie discloses a cognizable offence on the part of responsible JPSC officers, private out sourcing company who processed and prepared the above result and all the above 13 successful candidates who were ultimate beneficiaries in the Residential School Teacher Exam, 200708. On the basis of those allegations the instant cases has been instituted.
6. It appears that after completion of investigation, C.B.I has submitted final form no. 14/14 dated 24.11.2014. Close scrutiny of the final form reveals that J.P.S.C as approved by the Chairman, Shri Dilip Kumar Prasad over the Pre-Examination processing work and Post Examination processing work to M/s NCCF, Ranchi without taking approval from the Commission. M/s NCCF further sublet the work to one Shri Dheeraj Kumar (petitioner) of M/s Global Informatics, Ranchi. As per the J.P.S.C Commission Rules of Pr
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