HC upholds FIR against Asstt Prof for obtaining fraud RBA certificate

Excelsior Correspondent

SRINAGAR, Aug 31: High Court upheld the FIR and the proceedings thereon against an Assistant Professor in education department for obtaining RBA certificate fraudulently and obtaining the post under the garb of said certificate.

Justice Sanjay Dhar has upheld the FIR against Qulsum Akhter working as Assistant Professor Biochemistry in the education department for obtaining the RBA certificate fraudulently and by misrepresentation.

The FIR under challenge was lodged for offences under Sections 420, 467, 468, 471 and 120-B of RPC and Section 5(2) of the Prevention of Corruption Act, registered with Police Station Economic Offences Wing (Crime Branch), Srinagar on a written complaint filed by one Altaf Ahmad Ganai, alleging therein that the petitioner-Akhter, who has been selected as Assistant Professor in Biochemistry under RBA category has managed an RBA certificate fraudulently.

After thorough investigation it was also found that the RBA certificate was issued in favour of the petitioner-Akhter by the concerned revenue authorities by abuse and misuse of their official position and the FIR under the Prevention of Corruption Act was registered against her.

The Investigating Agency also furnished the status of investigation and has submitted that after investigation of the case, offences under Sections 420, 120-B and 167 RPC read with Section 5(2) of the Prevention of Corruption Act stand established against Patwari Mohammad Shafi Wani, Girdawar Farooq Ahmad Khan, Naib Tehsildar Bashir Ahmad War and Tehsildar Ghulam Ahmad Khan whereas offences under Section 420, 468, 471, 120-B and 201 of RPC read with Section 5(2) of the Prevention of Corruption Act stand established against the record keepers/custodians, Bashir Ahmad Sheikh, Saif-ud-din Qureshi and John Muhammad Mir.

Justice Dhar while holding the petitioner-Akhter has obtained the RBA certificate fraudulently said that she was allegedly ineligible for obtaining the RBA category certificate. Despite this, she obtained the said certificate and produced the same before the Jammu and Kashmir Public Service Commission and, on the strength of the said certificate, she was appointed to the post of Assistant Professor, Biochemistry, in terms of the notification dated 15.03.2019. Thus, she is alleged to have secured appointment by deception.

"All the aforesaid established facts prima facie go on to show that the petitioner has, in league with other officials of the Revenue Department, fraudulently managed issuance of the RBA certificate in her favour as also its renewal, which she produced before the Jammu and Kashmir Public Service Commission for obtaining public employment. Thus, it cannot be stated that it is only a case of violation of rules but it appears to be a case of obtaining the RBA certificate in a fraudulent manner", read the judgment.

The court concluded that it would not be open to it to exercise its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, to quash the impugned FIR and the proceedings emanating therefrom. The petition lacks merit and is dismissed accordingly.