Shambhu Prasad Singh vs Union Of India

Heard the parties.

The petitioner is an accused in connection with R. C. Case No. 11(A)/2012-R.

The prosecution story in brief is that, the Chairman of Jharkhand Public Service Commission and the other members of the Commission entered into a

criminal conspiracy amongst themselves and by abusing their respective official positions adopted dishonest and fraudulent means in selection of

Deputy Registrars at Sidhu Kanhu Murmu University, Dumka, Ranchi University, Ranchi and Vinoba Bhave University, Hazaribagh and extended

undue benefit to the candidates.

It has been submitted by Mr. Kashyap, learned senior counsel for the petitioner that there is no material which would have led to submission of

charge-sheet against the petitioner. He has stated that the petitioner was not named in the FIR by the Vigilance department or by the CBI. It has been

stated that the petitioner possesses the requisite qualification for the post of Deputy Registrar which was advertised by the Jharkhand Public Service

Commission and the petitioner has filled up the form without any concealment of facts. On consideration of the educational qualification of the

petitioner as well as his experience and after finding him eligible for appointment to the post of Deputy Registrar, the petitioner was called for

interview and was ultimately selected. Learned senior counsel submits that the petitioner has been charge-sheeted only on account of he being the

brother of Gopal Prasad Singh who was one of the members of the Jharkhand Public Service Commision, but it has not been considered that Sri Gopal

Prasad Singh was never a member of the Interview Board which had interviewed the petitioner. Mr. Kashyap, further submits that the petitioner was

selected and appointed as Deputy Registrar, Sidhu Kanhu Murmu University, Dumka and he was performing his duty without any adverse report. He

adds that the joining report of the petitioner as Deputy Registrar of Sidhu Kanhu Murmu University, Dumka was accepted after a full-fledged inquiry

having been conducted. It has also been stated that the petitioner is in custody since 13.06.2020 and some of the co-accused persons namely, Dr.

Pritam Kumar and Vijay Kumar Singh have already been granted anticipatory bail by this Court.

Mr. Rajiv Sinha, learned ASGI appearing for the CBI has opposed the prayer for bail and has stated that the petitioner was given undue advantage

and excess marks than what should have been given considering the qualification of the petitioner and on account of such undue favour upon the

petitioner, he was selected as a Deputy Registrar in Sidhu Kanhu Murmu University, Dumka. Mr. Sinha submits that if the actual marks would have

been given to the petitioner, he could in no way had qualified for the said post. It has further been submitted that proximity to Sri Gopal Pd. Singh, one

of the members of the JPSC led to an undue favour being granted to the petitioner and in such circumstances, the present application is liable to be

rejected.

In course of investigation, it was disclosed that the petitioner was awarded 5 marks against his matriculation examination, which was the marks

earmarked for first division. The petitioner had secured 2 nd division and was eligible for 3 marks only. If the petitioner was awarded the correct

marks of 3, he would have tied with another candidate and since such candidate was older in age to the petitioner, he would have been automatically

disqualified of being selected. It has further been disclosed that the marks against educational qualification/experience in the assessment chart was

filled up on the dictation of Sri Gopal Prasad Singh. The investigation has also revealed that the petitioner had lacked the mandatory experience in

educational administration and it was concluded that the petitioner was not eligible to have been selected to the post of Deputy Registrar of Sidhu

Kanhu Murmu University, Dumka as he did not meet the requisite qualification as laid down in the statute.

There is no allegation that the petitioner had suppressed his educational qualification or experience while filling up of the form pursuant to the

advertisement issued for appointment to the post of Deputy Registrars in various Universities in the State of Jharkhand. The petitioner seems to have

been implicated on account of the fact that Sri Gopal Prasad Singh who was the member of the Jharkhand Public Service Commission at the relevant

point of time was his brother and therefore, inference has been drawn of the petitioner being unduly favoured by the members of the Jharkhand Public

Service Commission in selecting him to the post of Deputy Registrar, Sidhu Kanhu Murmu University, Dumka in spite of not having the requisite

qualifications for such post. Moreover, the petitioner was appointed as a Deputy Registrar of Sidhu Kanhu Murmu University, Dumka after a full-

fledged inquiry and as stated by the petitioner, he is performing his duties without there being any adverse report against him. It further appears that

some of the co-accused persons namely, Dr. Pritam Kumar and Vijay Kumar Singh who were also appointed as Deputy Registrars in different

universities have been granted anticipatory bail by this Court in A.B.A. No. 7919 of 2018 and A.B.A. No. 7769 of 2019 respectively. The petitioner is

in custody since 13.06.2020.

Regard being had to the entire facets of the case as stated above, the petitioner above named is directed to be released on bail on furnishing bail bond

of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Special Judge, CBI, Ranchi in connection with

R. C. Case No. 11(A)/2012-R.