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2024 Supreme(MP) 142
IN THE HIGH COURT OF MADHYA PRADESH
Vivek Rusia, J
Ashok Verma (Dr.) v. State of M. P.
Writ Petition No. 8121 of 2023 (I);
Decided on 28.2.2024.
Advocate Appeared:
L. C. Patne for petitioner; Sudhanshu Vyas for respondents No. 1 to 4/State.
Headnote:
Constitution of India -- Art. 226 -- petitioner Class-I Gazetted Officer -- prepared his own certificate of domicile along with fact that his wife is residing with him -- cannot be said to be domicile certificate -- no intention to usurp authority of SDO established -- direction of SDO to lodge FIR against petitioner on basis of complaint of RTI activist after 7 years of issuing certificate sheer abuse of power and authority -- direction quashed -- cost of Rs. 2,00,000/- payable to petitioner for harassment. [Paras 14 & 17 to 20
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ORDER
1. The petitioner has filed this petition under Article 226 of Constitution of India being aggrieved by order dated 20/21.2.2023 (Annexure P/8) passed by respondent No.3 - Sub Divisional Officer (Revenue), Sendhwa, District Barwani (M.P.) thereby directing respondent No.4 – Principal, Government College, Sendhwa, District Barwani (M.P.) to lodge an First Information Report (FIR) against the petitioner.
2. Facts of the case in short are, as under: -
2.1 In the year 2013, the petitioner was posted as Professor, Government Post Graduate College Sendhwa, District Barwani (M.P.) and In-charge Principal, being a Class-I Gazetted Officer. His wife Smt. Nirmala Verma wanted to take admission in Bachelor of Education (B.Ed.) College, therefore, the petitioner issued a certificate dated 18.3.2013 (Annexure P/1), certifying that he is a domicile of State of Madhya Pradesh and Smt. Nirmala Verma is residing with him. She filled a form for admission in B.Ed. Course in January, 2013. She was allotted a non government education institution – Swami Vivekanand Shiksha Mahavidyalay, Sendhwa, District Barwani run by Shiksha Prasarak Samiti.
2.2 After seven years i.e. on 5.2.2020, respondent No.5 claiming himself to be a RTI Adventist submitted a complaint to Sub Divisional Magistrate, Sendhwa, District Barwani (M.P.) vide Annexure P/2 alleging that this petitioner illegally issued a forged Domicile Certificate to his wife for taking admission in B.Ed. Course, therefore, penal action be taken for this corruption. A copy of this letter was sent to as many as 21 Government Officers including Chief Minister, Governor and Home Minister etc. of the State of Madhya Pradesh.
2.3 On 5/8.7.2020, the Sub Divisional Officer (Revenue), Sendhwa, District Barwani constituted a Three Members Committee comprising (1) Sub Divisional Officer, Water Resources Department, Sendhwa, (2) Tehsildar, Tehsil Sendhwa and (3) Divisional / Circle Organizer, Block Development Education Office, Sendhwa. The Committee submitted its report dated 3.10.2020 (Annexure P/4) to the effect that the contents of Domicile Certificate are correct, but the petitioner had no authority to issue such a certificate. The SDO, Sendhwa, District Barwani submitted / forwarded the report to the Collector, Barwani vide letter dated 9.10.2020 (Annexure P/5).
2.4 Respondent No.5 submitted a complaint in CM Helpline also; and thereafter vide letter dated 20/21.2.2023, the SDO, Sendhwa, District Barwani directed the Principal, Government Post Graduate College, Sendhwa, District Barwani (M.P.) to lodge / register an FIR against the petitioner. Hence, the present petition before this Court.
3. Vide order dated 10.4.2023, this Court has restrained the respondents to register an FIR against the petitioner in compliance of letter dated 20/21.2.2023.
4. Respondents No.1 to 4 – State of Madhya Pradesh filed a detail reply in order to justify their action.
5. The SDO, Sendhwa (respondent No.3) filed a separate reply to justify his action by submitting that the petitioner as well as his wife both have not followed the Rules for taking admission in B.Ed. Course. They ought to have submitted a Domicile Certificate issued by the Competent Authority i.e. SDO for admission in B.Ed. Course. The petitioner misused the letter pad of Government College for issuing a Domicile Certificate, without any authority. The SDO has collected all the documents from the concerned B.Ed. College, which were annexed along with application form by the petitioner’s wife to justify that an FIR has rightly been directed to be registered in this matter against the petitioner.
6. Respondent No.3 has also filed document / communication / letter dated 22.5.2023 (Annexure P/7 at page 73) sent by the Principal, Swami Vivekanand Shiksha Mahavidyalay, Sendhwa to Smt. Nirmala Verma for cancellation of her B. Ed. admission taken in the year 2012-13.
7. Respondent No.5 – RTI Activists, despite service of notice, has not filed any reply.
8.
