Court directs SSP to file FIR against accused, officers
Jammu, April 04
Jammu and Kashmir High Court has directed Senior Superintendent of Police (SSP) to file FIR against concerned officials of Government Medical College and Hospital (GMC&H) for allegedly forging marks sheet of an Associate Professor.
According to case history, instant application duly supported with an affidavit U/S 156(3) Cr.PC was filed by the complainant alongwith her counsel in the open court.
“She had applied for the post of Associate Professor (on academic arrangement basis) Advertised for the Department of P&SM GMC, Jammu dated 10.04.2017 vide notification No.GMC/EStt/GD/SRO-384/24,”she prayed, and added that as per the advertisement issued by the GMC, Jammu, two year experience as Asstt. Professor was required to apply for the post of Associate Professor which was being possessed by the applicant herein.
She asserted that she was the sole candidate who applied for the post of Associate Professor against two vacancies, however, the result of the applicant was not declared deliberately in order to oust her and to adjust some blue eyed person for the post and it was told to the applicant ultimately that she is not eligible for the post.
“The applicant was interviewed by the committee comprising of four members, however, the result of the applicant was not declared for some extraneous reasons,” reads complaint, adding that the husband of the applicant also applied before the Public Information Officer (PIO) seeking information on 07.12.2017, Principal Govt. Medical College, Jammu but the said information was not supplied to the husband of the applicant by the PIO within the stipulated period.
Where after, the husband of the applicant filed 1st appeal before the Principal GMC, Jammu being 1st appellate authority under the Act on 10.01.2018, which was disposed-off by the Ist appellate authority as a result the applicant was forced to file 2nd appeal before the State Information Commission on 27.02.2018.
“I have gone through the order passed in the 2nd appeal under the J&K RTI Act, 2009 into its whole hog. It has come in the 2nd appeal that the PIO submitted that though the committee called the appellant (applicant herein) for interview but eventually she was not interviewed because of deficiency in her eligibility as per J&K Medical Education (Gazetted Service Recruitment Rules 1979.),” reads document.
However, in the order dated. 22.05.2018 passed by the 2nd appellate authority it has come that the PIO submitted the award roll of the complainant before the 2nd appellate authority and in the award sheet the expert Dr.V.K.Bhan has in the remarks column declared Dr. Bhavna Sahni selected with 08 marks out of 10.
“In the award sheet of Dr.Dinesh Kumar, there seem some interpolations. Dr. Dinesh Kumar has also furnished the written statement before the 2nd appellate authority as observed by the end appellate authority that there is no dispute amongst any of the members of the interview panel regarding the eligibility of Dr. Bhavna Sahni for the post of Associate Profession (on academic arrangement basis) as her eligibility was confirmed by the then Registrar Dr.Vishal Tandon to the Pr. GMC, Jammu in front of all the penal members before the interview process started,” reads the complaint.
The interview of the applicant herein was duly conducted and she was unanimously selected by the interview panel as she was only candidate who to have appeared against the two vacant posts of Associate Professors advertised by the GMC Jammu.
“Copy of the award roll submitted before the Commission clearly shows tempering with 07 marks awarded by Dr.Dinesh Kumar one of the panellist after conducting interview of the applicant herein. It has further come in that there was no question of putting N.E in the remarks column when the complainant was unanimously selected,” document reads.
As per the version of Dr. Dinesh Kumar letters N.E in remarks column have been illegally inserted by someone else for the reasons best known to him.
“Ex-facie if the allegations levelled in the application and the annexures annexed with the application are to be taken into consideration in their entirety at their face value commission of cognizable offence U/S 120-B read with Sec.468 & 466 of RPC and other relevant sections pertaining to forgery with intent to cheat are disclosed against the accused persons,” reads document.
Thus, what is emerged from the aforesaid discussion particularly from the version of Dr. Dinesh Kumar, who was one of the member of the interview committee of the applicant that tempering has been done in the award roll issued by him in favour of the applicant/complainant.
The applicant has also approached the Senior Superintendent of Police (SSP) Crime Branch, Jammu for lodging the FIR and investigation, but her request has not been considered. The application is duly supported with an affidavit also.
“The matter being of a serious nature, as such, I deem it expedient to direct Senior Superintendent of Police (SSP), Jammu to lodge the FIR against the accused persons under the relevant provision of the Code and investigate the matter U/S 156(3) Cr.PC and report compliance,” reads court order.