CRIMINAL MISCELLANIOUS No.33311 OF 1999 In the matter of an application under Section 482 of the Code of Criminal Procedure. TULSI PRASAD SINGH, SON OF LATE RAMESHWAR RAI, RESIDENT OF VILLAGE SAMAHUTI, P.S. DINARA, DISTRICT ROHTAS, AT PRESENT ADMINISTRATIVE OFFICER, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, BIHAR, PATNA. ---------------------------------------------------------------------------------------------------- PETITIONER Versus THE STATE OF BIHAR. --------------------------------------------------------------------------------------------- OPPOSITE PARTY For the petitioner :- Mr. B.P. Pandey, Sr. Advocate Mr. Dinbandhu Singh, Advocate Mr. Santosh Kumar, Advocate Mr. Prasant Kumar, Advocate For the State :- Mr. A.M.P. Mehta, A.P.P. P R E S E N T THE HON'BLE JUSTICE SMT. SHEEMA ALI KHAN S.A. Khan, J. This quashing application has been filed for quashing the First Information Report of Patna Scheduled Caste and Scheduled Tribe P.S. Case No. 42 of 1995, G.R. No. 15 of 1999 under Sections 419, 420, 465, 467, 468, 471, 474/120B of the Indian Penal Code read with Section 3(1)(IX)/3(2)(VII) of the S.C./S.T. Prevention of Atrocities Act, 1989. 2. The allegation against the 2 petitioner is that on the basis of caste certificate showing him to be Kharwar, obtained promotion whereas the State Government had found that his father was defined as a Kahar. 3. On the basis of the aforesaid allegation, the petitioner was suspended and terminated from services. The order of termination has been challenged by the petitioner by filing a writ application which was dismissed. The petitioner then challenged the order passed in the writ application by filing an L.P.A. numbered as 517 of 2003 before this Court which was disposed of on 13.11.2003. This Court ultimately quashed the order of dismissal dated 28.12.2002 and remitted the matter back for conducting a fresh enquiry. The State Government while conducting a fresh enquiry, referred the matter with respect to determining the petitioner’s caste to the National Commission for Scheduled Caste and Scheduled Tribe. Article 338 of the Constitution provides that the Commission would have the power to investigate and 3 monitor all matters relating to the safeguards provided for the Scheduled Castes under the Constitution. Sub Clause B of Clause 5 of the said Article provides that the Commission would have the power to enquire into specific complaints with respect to deprivation of rights and safeguards of Scheduled Tribes. In pursuance of the request made by the State Government to the National Commission for Scheduled Caste and Scheduled Tribe, the petitioner was declared to be belonging to Kharwar caste. On the basis of the report of the National Commission contained in Annexure-3 to the supplementary affidavit filed on 25.1.2010, petitioner was reinstated in service vide Memo No. 1256 dated 8.9.2004. 4. The facts aforesaid lead this court to the conclusion that the very basis for instituting a criminal case is completely demolished by the findings of the National Commission and the fact that the petitioner has been reinstated in service holding him to be belonging to 4 the caste Kharwar. 5. I, therefore, in these exceptional circumstances quash the First Information Report. This application is, thus, allowed so far as the petitioner is concerned. Patna High Court, 30th of November, 2010 N.A.F.R./Sanjay ( Sheema Ali Khan, J.)