Jammu June-17-2023-:- Special Judge Anticorruption Jammu Tahir Khurshid Raina framed charges against Ghulam Mohi-ud-Din Ex-Special Secretary Home J&K for manuplating date of birth.
According to facts of the case is that the Crime Branch, Jammu, received a communication from the Law Secretary to the Govt. of Jammu & Kashmir, vide his office communication No. PS/LS/2020/51 dated 05-03-2021, alleging therein that the accused has manipulated his date of birth in the service records which in actuality was 03-03-1959, but managed to record it as 03-03-1963 on “Particulars page” of the service book. That on account of his correct date of birth i.e 03-03-1959, he was supposed to have retired on 03-03-2019, but, by this manipulation in the service book, the accused added more time to his service, resultantly illegal gain to him and wrongful loss to the exchequer of the State (Now UT).
Pursuant to this complaint, a discreet enquiry was conducted by the Govt. wherein it got prima facie established that the accused had manipulated and forged his original date of birth in his service records as 03-03-1963 instead of his actual date of birth 03-03-1959. Thus, he deliberately and intentionally, in-connivance with others, took illegal monetary gain and caused wrongful loss to the exchequer of the State of J&K, now UT. Therefore, his omissions and commissions constituted offences punishable under section 420, 465, 467, 468, 471, 120-B RPC. Accordingly, a formal case got registered in Police Station Crime Branch, Jammu, bearing F.I.R No. 14/2021 against the accused and investigation was ensued in the case.
During the course of investigation, the academic record of the accused, from the various schools, he has attended, was seized like Govt. Middle School Hanjura, which was earlier a Primary School, High Secondary School Zoohama and that of the State Board of School Education, wherein he appeared in the 10th class examination. As per the said record, the date of birth of the accused, right from primary to tenth class and finally as recorded in J&K Board of School Education is 03-03-1959, whereas, the alleged forged “Particulars page” of the service book reveals his date of birth as 03-03-1963. It is further discerned from the charge sheet that accused got engaged as causal labourer in the office of Executive Engineer, Electric Division, Budgam, in the month of 1978. Later in the year 1985, he was appointed as helper in the same office. From the record of the said period as seized from the office, it is reflected that accused’s date of birth as mentioned therein was 03-03-1959, in accordance with the date of birth as recorded in his school and J&K Board records.
As further reflected in the charge-sheet, as per the pay acquaintance rolls seized from the office of Executive Engineer Electric Division, Budgam, where the accused has served firstly as causal leabourer and then helper, he has drawn salary as “helper” for the month of November and December, 1985. The drawing of salaries of these two months as helper is important in the context that accused after getting appointed as regular employee as “Helper” in the month of October, 1985, has drawn his first and second salary in the month of November and December, 1985. Since the salary can be drawn only after the preparation/ construction of service book, therefore, there can be only following possibilities at the time of preparation of service book as recorded in the charge-sheet. Either service book got prepared in the month of October, November or December, 1985, hence the signatures put on the “Particular’s page” would have been of the then Executive Engineer, who would have prepared the service book during any of the said months. In that eventuality, the signatures appended by the Executive Engineer on the Pay Acquaintance Roll of the month of November and December, 1985, should have been similar to that of the signatures appended on the service book. However, as per the FSL report enclosed, the signatures of Executive Engineer on the “Particulars page” of the service book are not similar to the signatures of the Executive Engineer as appended on the Pay Acquaintance Roll of the said months i.e, of November and December 1985.
Special Judge Anticorruption Jammu Tahir Kurshid Raina after hearing both the sides observed that “Particulars page” of the service book by forging his date of birth as 1963 instead of 1959. It is in this context the original details of his appointment as helper in the year, 1985, as put in the “Particulars page” in the earlier service book, got removed by him as alleged and replaced by forged “Particulars page”, mentioning his date of birth as 1963. Thus, as per the investigation, based on documentary proof and other evidence as put in the charge-sheet, the offences under sections 420, 465,467, 468, 471, 120-B, 191, 201 RPC r/w Secs. 5(1)(d), 5(2) J&K PC Act stand prima facie established against the accused. Court further observed that in the light of the factual matrix of the case, as presented briefly in the fore-going paras, coupled with the legal position as referred to herein above, this Court is convinced that there is a prima-facie material on record to presume that offences under sections 5(1)(d) r/w Sec. 5(2) J&K PC Act, Svt. 2006 & Secs. 420, 465, 467, 468, 471, RPC stand committed by the accused for which is liable to be charged offences. JNF