IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42817 of 2007 BHIM PRASAD CHAURASIA S/O- LATE SHEO NARAYAN MANDAL, R/O- VILLAGE BHARAICHAK PATAM, P.S.- NAYA RAMNAGAR, MUKHIYA OF GRAM PANCHAYAT PATAM WEST, DISTRICT- MUNGER. Versus 1. THE STATE OF BIHAR 2. DISTRICT SUPERINTENDENT OF EDUCATION, MUNGER, P.O. + P.S. + DISTRICT- MUNGER. For the petitioner : Mr. K.K. Tiwary, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 4 20.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. In spite of valid service of notice on O.P. no. 2 (D.S.E. Munger), no body has appeared and filed any counter affidavit. Petitioner is aggrieved by the order dated 13.12.2004 passed by learned by learned Chief Judicial Magistrate, Munger in G.R. no. 1326 of 2004 (State versus Bhim Prasad Chaurasia) whereby cognizance of the offences under Sections 467, 468 and 420/34 of Indian Penal Code has been taken. It appears that in terms with different government resolutions, certain appointments on contract basis for a fixed period were made of different candidates as Panchayat Shiksha Mitras within West Patan Panchayat in the district of Munger. Petitioner being the Mukhiya of the Panchayat has been made accused with an allegation that one post of Panchayat Shiksha Mitra was reserved for Scheduled Caste but ignoring the claim of the candidate belonging to Scheduled caste category, one Sanju Kumari was appointed by order dated 6.3.2003. Aforesaid Sanju 2 Kumari did not belong to Scheduled caste category. In fact she belonged to extremely backward caste category. With these allegations, the F.I.R. was lodged which prompted investigation whereafter charge-sheet was submitted leading to the impugned order. Learned counsel for the petitioner submits that under the government resolution, a Committee has been constituted as Welfare Committee (Sukh Suvidha Committee). The said Committee consists of nine persons including the Mukhiya and the Panchayat Secretary. It is further stated that the applications filed by different applicants were assessed in terms of the laid down procedure whereafter it was found that one person belonging to Scheduled Caste category had furnished matriculation certificate which was forged and fabricated and there was no other candidate belonging to Scheduled Caste category. In that view of the matter, the Sukh Suvidha Committee resolved to appoint a person belonging to the next category i.e. extremely backward class category. Accordingly, the appointments were made on 6.3.2003 and the letter of appointment was duly forwarded to the District Superintendent of Education and others on the same day vide memo no. 8 dated 6.3.2003. Said document is part of the F.I.R. (at page 15). It is contended that the eligible applicant belonging to Scheduled Caste category did not lodge any complaint as his certificate, on verification, was found to be forged and fabricated. The appointee 3 admittedly was allowed to continue for four months only for which she was paid a sum of Rs. 6,000/- by way of honourarium. Learned counsel for the petitioner submits that the present prosecution has been launched after inordinate delay for oblique reasons as would be appear from the fact that although the appointment letter was duly forwarded to the informant but no prompt action thereon was taken. The informant waited for 13 months whereafter the present F.I.R. was lodged on 27.8.2004. It is contended that the matter pertains to engagement of eligible persons as Panchayat Shiksha Mitra on contract basis. Learned counsel submits that the facts apparent from the record would manifestly demonstrate that the present prosecution has been lodged for ulterior reasons. It is contended that the prime allegation in the F.I.R. is that the policy of reservation was not adhered to which is cognizable. The informant has not alleged that the competent body to take the decision in such matter was not Sukh Suvidha Committee, which, in the interest of welfare of the students took the decision in view of the fact that the applicant belonging to Scheduled Caste category was found disqualified for having furnished a fake and forged matriculation certificate. It is thus contended that in the ends of justice, the present prosecution should be interfered with and quashed. Learned APP, on the other hand, submits that non adherence to the government resolution particularly in the matter of reservation is a serious matter. 4 I have considered the submissions made on behalf of the parties. In my view, the facts which are not much in dispute and evident from the records explicitly indicate that the informant, for the reasons best known to him, did not lodge the case during the subsistence of the period of engagement of the appointee which is said to be an illegal appointment. It is also not in dispute that the appointment was made on due recommendation of the Welfare Committee which was competent to select and recommend names of eligible candidates for engagement as Shiksha Mitra on contract basis for a fixed honorarium. This Court is not able to appreciate as to how and why the informant waited for 13 long months before he decided to institute the F.I.R. In my view, the present prosecution will not sub-serve the cause of justice and requires interference to serve the ends of justice. Consequently, this Court allows the application. Order impugned dated 13.12.2004 is hereby quashed and set aside. pkj ( Kishore K. Mandal, J. )