THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.2243 of 2024 (In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973)

Punyatoya Chakra ……. Petitioner -Versus-

State of Odisha and Another ……. Opp. Parties For the Petitioner : M/s. Banshidhar Satapathy and S. Satapathy Advocates For the Opp. Parties: Mr. S.N. Biswal, Additional Standing Counsel CORAM:

THE HONOURABLE SHRI JUSTICE SIBO SANKAR MISHRA Date of Hearing: 08.04.2025 :: Date of Judgment: 05.05.2025 S.S. Mishra, J. The present CRLMC is filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, assailing the order dated 15.12.2020 passed by the learned S.D.J.M, Keonjhar in G.R. Case No.1214 of 2020, whereby cognizance of offences under Sections 420, 468, and 471 of the Indian Penal Code has been taken against the petitioner. It is contended that the charge sheet submitted by the ASI, Keonjhar Sadar Police Station does not disclose any material sufficient to justify charges alleged in proceeding against the petitioner.

2. Heard Mr. Banshidhar Satapathy, learned Counsel for the petitioner and Mr. S.N. Biswal, learned Additional Standing Counsel for the opposite parties.

3. Prosecution case in brief devoid of unnecessary details is that one Punyatoya Chakra, a qualified graduate holding a Bachelor of Arts and a Bachelor of Education (B.Ed.) degree, had applied for the post of Sikhya Sahayak (Junior Teacher – Contractual). After due verification of her educational credentials, she was appointed to the post vide Order No.193 dated 31.03.2018 issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Keonjhar, and was posted at Anjar U.G.U.P. School, Banspal.

While serving in the said capacity, the petitioner was disengaged from service vide letter No. 2526 dated 03.09.2021 issued by the District Project Coordinator, (SS) Keonjhar, without affording any opportunity of hearing and without conducting any inquiry, on the ground that the B.Ed. certificate produced by her, purportedly issued by Bundelkhand University, Jhansi was found to be forged. The said disengagement was based on a communication allegedly received from the University.

4. It is submitted that the Bundelkhand University, Jhansi, subsequently issued letters dated 07.09.2020 and 11.11.2020, categorically affirming and conveying that the B.Ed. certificate issued by it was genuine. Despite this, the FIR was lodged by the Block Education Officer, Banspal, on 04.09.2020 at Keonjhar Sadar PS continues the proceedings. The relevant part of letter of the BEO, Banspal to the IIC, Keonjhar Sadar PS reads as under:

"In inviting a kind reference to the subject captioned above as directed the undersigned, at present working as Block Education officer, Banspal by name Sri Sanatan Rout S/o of Late Mayadhar Rout aged about 59 years At- Taruan P.O.- Taruan P.S Ramachandrapur Dist.- Keonjhar, would like to bring your kind notice with following facts:-

That, one Smt. Punyotaya Chakra, D/o Chakradhara Chakra now residing at Kashipur P.O.- Keonjhargarh P.S.- Town Dist.- Keonjhar, was recruited as Junior Teacher (Contractual).w.e.f 07.04.2018 F/N at Anjar U.G.U.P. School under the jurisdiction of BEO Banspal as per the engagement order vide No. 193/ZP Dt. 31.03.2018 of the Collector-Cum-CEO, Zilla Parishad, Keonjhar..

That, the District Project Officer, Samagra Sikshya (SS) & Right to Education (RTE) Keonjhar by virtue of his letter vide No.1855/PED/27.08.2020 (the copy of which annexed herewith as ANNEXURE-1 for kind reference) has instructed to lodge FIR against the Junior Teacher's who have submitted fake B.Ed. Certificate during the time of their engagement….."

Based on the said letter, Keonjhar Sadar P.S. Case No.269/2020 was registered under Sections 420, 468, and 471 of IPC. After investigation, the I.O. submitted the Charge Sheet No. 01 dated 30.11.2020 blissfully ignoring the clarification letter issued by the University. The charge sheet contains the following conclusive r