Quashing of criminal proceedings requires prima facie evidence of wrongdoing; mere membership in an appellate committee does not imply culpability absent intention to commit an offence.

ORDER :

1. Petitioners have filed this petition under Section 482 of Cr.P.C., 1973 (hereinafter referred to as “the Code”) to quash the charge sheet and entire proceedings initiated pursuant to F.I.R No.391/2009 dated 14.07.2009 by P.S. Kotwali District Tikamgarh against the petitioners.

2. The factual matrix of the case in nutshell is that petitioner Smt. Nirmala Khare and Shri Pushpendra Singh are the Members of Jila Panchayat, petitioner Anil Singh Gour is the District Education Officer, petitioner Babulal Rai is the President of Jila Panchayat. Petitioners, namely, Smt. Nirmala Khare, Pushpendra Singh, Anil Singh Gour, Akhilesh Ahirwar and Awadh Bihari Khare were the Members of the appellate committee constituted under Rule 2(b), Column-6 of Schedule-II of Madhya Pradesh Samvida Shala Shikshak (Employment and Conditions of Contract) Rules, 2005 (hereinafter referred to as the “Rules of 2005”). A copy of Rules of 2005 is filed as Annexure A/1.

3. As for as, petitioner Sheikh Sharief is concerned, he is Assistant Teacher posted in Govt. High School Ajnor District Tikamgarh. As per prosecution allegations, he was assigned the work of scrutinizing the applications of candidates alongwith other co-accused persons. He has sought quashment of the charge sheet on the ground that only the work of making bundles of the application forms of the candidates for the post of Samvida Shala Shikshak Grade-II for which applications were invited was assigned to him. As he was not entrusted the duty of scrutinizing the applications, the F.I.R and proceedings pursuant to that against him be quashed.

4. It is submitted that two vacancies of Samvida Shala Shikshak-II in Sanskrit subject were advertised inviting the applications of the candidates out of which one vacancy was reserved for women. Complainant Pratima Chaturvedi had submitted her form but in the provisional list of selected candidates, she was shown to have secured low position in the merit list (Annexure A/2). In the said provisional merit list, “zero” marks was shown against the column of educational qualification. She had moved objections against the provisional merit list before the appellate committee of which petitioners were also the Members. The committee found her grievance and complaint justified and directed the selection committee to appoint her by creating an additional post vide order dated 25.02.2009 (Annex.A/3). Later, a complaint (Annexure A/4) was filed by her before the Chief Minister to the effect that she had submitted the mark sheet of B.Ed which has been removed in order to exclude her from the merit list. A query was made by the office of Chief Minister from the Collector and the Collector submitted reply Annex.A/5. On the basis of instructions given by the office of Chief Minister, the C.E.O. of Jila Panchayat, Tikamgarh wrote a letter on behalf of Collector, Tikamgarh to the Project Oficer District Panchayat Tikamgarh on 13.07.2008 which is Annex.A/6. On the basis of directions by the Collector, same C.E.O. Pyush Mishra conducted the inquiry and lodged written complaint on the basis of which the F.I.R No.391/2009 in P.S. Kotwali District Tikamgarh was registered.

5. In the F.I.R it is mentioned that for recruitment of Samvida Shala Shikshak Grade-II i