- (1.) Leave granted.
(2.) A judgment passed by the High Court of Jharkand, Ranchi, dismissing the writ petition and confirming the order of the Trial Court, refusing to discharge the accused-appellant, is in challenge here.
(3.) The appellant Ajoy Kumar Ghosh, along with some others, is facing prosecution for the offences under Sections 177, 181, 182, 192, 196, 199, 209, 466, 468, 471 and 474 of the Indian Penal Code (hereinafter referred to as IPC for short), before the Chief Judicial Magistrate, Ranchi. These charges are based on an official complaint filed by the Registrar General, Patna High Court against these accused persons including the present appellant, who, at the relevant time was Director, Indian School of Mines, Dhanbad. In the said complaint it is, inter alia, contended: (i) That one Shri M.S. Chhabra, who was the Assistant Professor in the Indian School of Mines, Dhanbad, was proceeded against for misconduct and accordingly punishment of compulsory retirement was imposed on him. (ii) Indian School of Mines, Dhanbad, a registered Society, is a deemed university governed by the Rules & Regulations and bye-laws of the School. In the matter of classification and method of appointment and terms and conditions of service for academic staff, Rules are framed with the approval of the Central Government. Rule 4 of the Rules & Regulations prescribes the constitution of General Council. The classification and method of appointment are governed by the bye-laws. Selection to the post of Assistant Professor is governed by Clause 38(b), while suspension and penalties are governed by Clauses 10 and 11 of the said bye-laws. Appeal is provided against the same under Rule 12. It is further stated in the complaint that the Council is defined under Clause 2(b) of the said bye-laws and means a General Council constituted under Rule 4 of the Rules & Regulations. (iii) That Shri M.S.Chhabra, after being found guilty, was awarded the punishment of compulsory retirement and he preferred an appeal to the General Council against the imposed penalty, which appeal was disallowed. Shri M.S.Chhabra, therefore, filed CWJC No. 678/92(R) for quashing the said order. However, even that was disposed of by the High Court with a direction to the General Council of the School to give personal hearing to the appellant/petitioner and to dispose of the appeal thereafter. Against this order of the High Court, the Chairman, Director-in-Charge and Acting Registrar, namely, Shri B.K. Rao, Shri A.K. Ghosh and Shri M. Ramakrishna, respectively, preferred an appeal in Supreme Court, which directed expeditious decision within three months after the fresh appeal was filed by Shri M.S. Chhabra. However, since the appeal was not disposed of, Shri M.S.Chhabra filed another writ petition which was registered as CWJC No. 2932/92(R) and alleged therein that on 31.03.1989, no Head of the Department was the member of the General Council and without observing the procedure of amendment to the Rules as laid down under Section 23, mischievous efforts had been made by the Chairman, Director and the Registrar for getting new sets of Rules registered under the Societies Registration Act. He further alleged that services of one Shri A.K. Singh, Estate-cum-Security Officer were availed of for liaison work and thus the amendment was without the resolution of the General Council and without the approval of the Government of India, in which Heads of Department as member of the General council were included and that resolution of the General Council for revised Memorandum of Association and Rules & Regulations were made to appear as if they were registered with the Inspector General of Registration, Patna on 18.06.1992. He further stated that the Chairman, Director and the Registrar, by indulging in the case maliciously, were acting under utter violation of procedure laid down under Section 23 of the Societies Registration Act. (iv) That the counter affidavit had been filed to this writ petition by Shri M. Ramakrisha, S/o Shri M. Subbarao on behalf of the respondents in his alleged capacity of Acting Registrar. In para 37 of the said counter affidavit, the contention made by Shri M.S.Chhabra in paras 69 to 77 of the writ petition were denied and it was asserted that in view of the subsequent amendments made in the Rules & Regulations of the School, which were ratified by the Inspector General of Registration, the necessary amendments were made in the Rules & Regulations of the School and that was prior to the sitting of the General Council meeting dated 11.06.1992. A certificate to that effect was obtained from the office of the Inspector General of Registration, Patna, Bihar and the letter issued by the Inspector General, Registration was enclosed as Annexure-A to the counter affidavit. The said letter dated 09.06.1992 was allegedly issued by one Shri Vikas Prasad, Assistant Inspector General of Registration, Patna, Bihar. (v) That Shri M. Ramakrishna had, in his counter affidavit stated that the contents of para 37, which have been quoted above, were based on information derived from the records of the case. (vi) That the Writ Application was disallowed by the Division Bench of the Patna High Court by its judgment and order dated 05.04.1994, against which a special leave petition came to be filed before Supreme Court wherein the Court went into the issue raised by the appellant/petitioner with regard to the genuineness of the letter dated 09.06.1992, purported to have been written by Shri Vikas Prasad and enclosed as Annexure- A with the counter affidavit filed by Prof. M. Ramakrishna. (vii) That a notice was sent to one Shri Vikram Prasad, Assistant Inspector General of Registration, who, however, filed an affidavit disclosing that the said letter was a forged document. Therefore, Supreme Court had directed to take action under the provisions of Section 340 of the Criminal Procedure Code with respect to that letter. (viii) That in compliance of the order of Supreme Court, the complaint was being filed, for which first a notice was issued under Section 340, Cr.P.C. by Patna High Court and during the course of inquiry, it was found: (a) That the letter bearing No. 1206 dated 09.06.1992 was forged and fabricated and was never issued from the office of the Inspector General of Registration. (b) That the said letter which was produced in the Court and used in the writ petition CWJC No. 2932/92 (R) in the counter affidavit dated 21.01.1993 was filed by Shri M. Ramakrishna. (c) Shri S.K. Das, Section Officer in the Office of the Inspector General of Registration was found to have delivered that letter to Shri A.K. Singh, Estate-cum- Security Officer. (d) That Shri A.N. Tripathi, who was the Assistant Registrar (Establishment) of the School at the relevant time, was dealing with the writ and was acquainted with the facts and circumstances of the case. (e) Shri A.K. Ghosh, the present petitioner was, at the relevant time Director of the School and in that capacity he was found to be fully involved and in the know of all concerned material. (f) Shri Vikram Prasad, Assistant Inspector General of Registration, had filed an affidavit in the Supreme Court as also in the High Court to the effect that the letter was not issued by him, but till the last date of inquiry, he did not take a clear stand that the signature bearing a letter was not his signature. (ix) That all the accused persons were guilty of using a fabricated and forged letter in the Court of law with active connivance and conspiracy on their part.;