HC upholds trial court order of framing charges against medico

By
Daily Excelsior
-

Excelsior Correspondent
Srinagar, Aug 24: High Court today upheld the order of the trial court of framing charges for commission of offences of tempering with the Service Book by a medical officer.
Medical Officer Abdul Hameed has filed a petition for quashing the order passed by the Special Judge, Anti-Corruption by virtue of which charges for commission of offences under section 5(2) read with section 5(1) (d) of the Prevention of Corruption Act, 420, 468, 471 RPC were framed against him for tempering of date of birth in Service Book.
The petitioner-Hameed had allegedly tempered the date of birth in his service book and gained almost two years more service in the health department. Being a Gazetted officer, the service book of the petitioner was maintained and kept under his custody and on this count manipulated his date of birth as 27.03.1949 instead of 27.03.1947.
Prosecution while opposing to quash the order of trial court contended that the petitioner by abusing his official position dishonestly and knowingly manipulated his date of birth in the service record as 27.03.1949 and continued illegally in the government service beyond his actual date of retirement that was 31.03.2005.
“During the course of investigation, relevant records pertaining to the actual date of birth of the petitioner from the concerned education institutions were obtained and it was found that the actual date of birth of the petitioner is 27.03.1947”, prosecution counsel argued.
The court of Justice Rajnesh Oswal after perusal of the order impugned concluded that trial court has framed charges on the basis of material available on record and after considering the material placed on record has formed an opinion that there is prima facie case against the petitioner for the commission of above mentioned offences.
“There is no infirmity or illegality in the order impugned. 20. In view of this, the impugned order is upheld. The petition is found to be without merit and the same is, accordingly, dismissed”, reads the judgment.

WhatsApp Icon Follow our WhatsApp channel