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High Court of Punjab and Haryana · body

2025 DAILYLAW 43816 (PNJ)

AVNINDER PAL SINGH v. STATE OF PUNJAB

CRM-M/19017/2025 · 2025-05-07

N S Shekhawat

body2025

Judgment text

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CRM M-19017 of 2025 and connected cases -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. CRM M-19017 of 2025 Date of Decision: 07.05.2025 Avninder Pal Singh ...Petitioner Versus State of Punjab ... Respondent 2. CRM M-20535 of 2025 Ajay Kumar @ Ajay Sharma ...Petitioner Versus State of Punjab ... Respondent 3. CRM M-22715 of 2025 Kishan Singh ...Petitioner Versus State of Punjab ... Respondent CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present : Mr. Jashan Mehta, Advocate for the petitioner in CRM M-19017-2025. Mr. L.S. Sidhu, Advocate for the petitioner in CRM M-20535-2025. Mr. Randeep Singh Dhakla, Advocate for Mr. Vikram Singh, Advocate for the petitioner in CRM M-22715-2025. Mr. M.S. Bajwa, DAG, Punjab. N.S.SHEKHAWAT , J. (Oral) 1. This order shall dispose off three petitions, i.e., CRM M-19017-2025 titled as “Avninder Pal Singh Vs. State of Punjab”, AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -2- CRM M-20535-2025 titled as “Ajay Kumar @ Ajay Sharma Vs. State of Punjab” and CRM M-22715 of 2025 titled as “Kishan Singh Vs. State of Punjab”, whereby, the petitioners have prayed for grant of anticipatory bail to them in case arising out of FIR No. 0019 dated 08.03.2025 registered under Sections 420, 465, 466, 467, 468, 471 and 120-B IPC at Police Station Phase 8, District SAS Nagar. 2. The FIR in the present case was registered on the basis of the complaint filed by Harpreet Pal Singh, Assistant Secretary, Punjab School Education Board, Mohali and the relevant extract of the FIR has been reproduced below:- “Copy of complaint, "To, Senior Superintendent of Police, Sahibzada Ajit Singh Nagar. No: PSEB-2024/654 Dated 05.07.2024. Subject: Registration of FIR against employees named in certificate verification case. 01. Punjab Pharmacy Council vide letter dt. 04.04.2024 has brought into the notice of Board Office that Punjab Pharmacy Council had sent certificates of two candidates to the Board in Year 2023 for verification. Board has sent two verification reports of certificates of these candidates on two different dates. In first report it is written that certificates are genuine and in second report it is written that certificates are fake. 2. While taking the letter sent by Punjab Pharmacy Council seriously, preliminary enquiry was conducted into the matter through Joint Secretary, Punjab School Education Board. As per enquiry report submitted by Enquiry Officer on the basis of relevant record and statements of employees of Board Office concerned with AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -3- this case, large scale irregularities are found in verification of certificates under reference and tampering is found done in record relevant to case. 3. As per enquiry report and office record, certificates sent by Punjab Pharmacy Council at Board Office on 13.07.2023 and 04.08.2023 for verification were received at Single Window of office by Sh. Ranjit Singh Helper and Sh. Rajinder Singh Helper, Verification Branch by-hand but entry of these cases was not made in the register of Verification Branch. As dealing employee of this case in Verification Section was on leave, Sh. Parwinder Singh, Senior Assistant was doing work of her seat. 4. As per enquiry report, Verification Branch after doing verification of certificates marked numbers of 34 cases on Peon Book on dt. 09.08.2023 and sent at Single Window, but in Peon Book receiving of dt. 01.08.2023 to 08.08.2023 is missing and some portion of receiving of dt. 09.08.2023 is also found missing. As per enquiry report, carbon copy of fake verification report is hand-written and till date it could not become clear that it bears signature of which employee but dispatch number was concerned with seat of Section V-2 and was marked on fake verification report. At that time Sh. Parwinder Singh, Senior Assistant was doing work of this seat. 5. During enquiry candidate of fake certificate Sh. Ajay Sharma S/o Sh. Subhash Sharma gave statement that Sh. Krishan Singh had prepared and given this fake certificate to him and had also received Rs. 65,000/- with deceit. Sh. Krishan Singh while sharing information of internal employee of the Board disclosed the name of Sh. Jagtar Singh, who works in Certificate Branch as AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -4- daily-wager. During enquiry mobile phone of Sh. Jagtar Singh was checked by Enquiry Officer and phone calls are found to have been made from his phone number to Sh. Krishan Singh many times. Accordingly, connivance of Sh. Jagtar Singh in preparing/ getting prepared fake certificates has come to fore. 6. This is a very serious matter and reputation of office is attached with it. Such actions cannot be ignored. While taking action at office level, as per enquiry report employees named in case, have been suspended from the services of Board. To get to the bottom of this case, it is requested that order be issued to register FIR against delinquent employees under relevant sections of law and to complete investigation of case so that this fraud can be exposed. Record relevant to the case shall be provided by office as per your demand. Sd/- Harpreet Pal Singh, Assistant Secretary (Certificate Branch) For: Secretary, Punjab School Education Board." Senior Superintendent of Police S.A.S. Nagar marked enquiry of complaint to D.S.P. City-2 District S.A.S. Nagar. D.S.P. City-2 District S.A.S. Nagar has written in his enquiry report sent vide his Letter No. 1139/5S/DSP/ City-2 Dated 24.07.2024 that, "Sir, From enquiry conducted by me till date and perusal of statements and record it is found that the matter is of issuance of fake verification reports on the name of Punjab School Education Board. In respect to which this is to write that Punjab Pharmacy Council vide Letter No. 746 Dated 27.06.2023 had sent 10+2 Science Certificate Roll No. 019223 Registration No. B-97-AS-237995 of Sh. Kuldeep Singh S/o Sh. Sukhwant Singh R/o VPO Kamalwala, Ward No. 07, Tehsil Zira, AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -5- District Ferozepur and vide Letter No. 847 Dated 20.07.2023 had sent 10+2 Science Certificate Roll No. 024107 Registration No. B-01-MS-6010/17 of Sh. Ajay Sharma S/o Sh. Subhash Sharma R/o Sirsa Road, Ward No. 21, Mansa to Punjab School Education Board for verification and verification reports of these certificates were sent vide Letter No. 2033 Dated 23.07.2023 and Letter No. 2083 Dated 07.08.2023 respectively, in which it is written that these certificates are genuine. Whereas, in fact these certificates were fake. Joint Secretary(G), Punjab School Education Board has already conducted enquiry into the matter and he has written In his report that a person namely Krishan Singh and daily-wage employee of Punjab School Education Board Jagtar Singh in connivance with each other have passed unlawful benefit to candidates Kuldeep Singh and Ajay Sharma because when statement of afore-mentioned Ajay Sharma was recorded then he had taken the name of afore-mentioned Krishan Singh. Similarly, when Ajay Sharma was made to talk with Krishan Singh then it came to fore that afore-mentioned employee of Board Jagtar Singh has connived with them. Parwinder Singh is Incharge of V-7 Section but when V-2 Branch had sent successful verification reports of both these fake certificates then at that time Incharge of V-2 Branch was on leave and charge of V-2 Branch was also given to afore-mentioned Parwinder Singh. Afore-mentioned Parwinder Singh had personally said to staff of Single Window that record concerned with these certificates should not be given to enquiry officer, from which role of afore-mentioned AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -6- Parwinder Singh in sending successful verification reports of these fake certificates has come to fore. Besides this, Avninder Singh Single Window had received 34 cases on dt. 09.08.2023 and after receiving, total 034 numbers were written in front of those cases but later on when Peon Book was checked then entries of only 09 cases of dt. 09.08.2023 had been made in it, whereas total number of these cases was 31. Entries of other cases received prior to these 09 cases were made at previous page, which is not present in book. Any unknown person has torn that 01 page on which entries had been made on both sides of the page. Besides Avninder Singh this Peon Book is attended by Helper Ranjit Singh, Helper Rajinder Singh and concerned branch and at that time charge of concerned branch was also with Parwinder Singh. From afore-mentioned facts and circumstances, from enquiry conducted by me and from perusal of record and statements, connivance between (1) Kuldeep Singh S/o Sh. Sukhwant Singh R/o VPO Kamalwala, Ward No. 07, Tehsil Zira, District Ferozepur, (2) Ajay Sharma S/o Sh. Subhash Sharma R/o Sirsa Road, Ward No. 21, Mansa, (3) Parwinder Singh S/o Sohan Singh R/o Flat No. 2033, Jalvayu Vihar, Sector-67, Mohali, Senior Assistant, Punjab School Education Board, (4) Helper Rajinder Singh S/o Charan Singh R/o Village Chunni Kalan, PS Badali Ala Singh, District Fatehgarh Sahib, (5) Ranjit Singh S/o Garib Singh R/o Village Mera, PS Ahmedgarh Mandi, District Sangrur, (6) Krishan Singh (Mob. No. 95170-57000) in doing verification of these fake certificates has come to fore. Besides this, Ajay Sharma has given statement AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -7- about giving Rs. 65,000/- to Krishan Singh in lieu of doing verification of this/his certificate but it is still not clear that Krishan Singh has further given this money to any other employee or not, if yes then to which employee. If any such evidence comes to the fore during investigation then relevant section(s) shall be added. It is also alleged that Helper Ranjit Singh at the instance of Parwinder Singh has received Rs. 10,000/- from any person at the gate of Board and had handed over to Parwinder Singh, but it is also not clear that money was given/received for which purpose, which should also be cleared. In respect to this also, if any such evidence comes to the fore during investigation then Investigating Officer can add/revoke section(s) accordingly. For the time being, from facts/evidence which have come to fore till date, FIR should be registered against afore- mentioned persons u/s 420,465,467,468,471,120-B IPC. Necessary order may be issued to SHO PS Phase-8. Report submitted please. Sd/- Deputy Superintendent of Police, City-2, District S.A.S. Nagar." 3. Learned counsel appearing on behalf of Avninder Pal Singh (petitioner in CRM M-19017-2025) vehemently argued that the petitioner is working as a Senior Assistant with the Punjab School Education Board (PSEB). In fact, the Punjab Pharmacy Council had sent two certificates of Kuldeep Singh and Ajay Sharma for verification to the Punjab School Education Board (PSEB). The verification report was sent, in which, it was mentioned that those certificates were genuine. Again, the Punjab Pharmacy Council wrote AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -8- to PSEB for re-verification of the aforesaid certificates and another report was sent to the effect that those certificates were fake. On the basis of these developments, inquiry was marked by the Punjab School Education Board. Learned counsel further submitted that the petitioner, who was working as a Senior Assistant in the PSEB, was required to make necessary entries on receipt of the cases and the same was duly done by him. He had received 34 cases on 09.08.2023, however, later on, a page was torn out of the peon book and only 09 entries were made available. Thus, it is clear that the pages were torn from the peon book, just to victimize the petitioner. The petitioner had taken the verification reports from the concerned department and had forwarded the reports to the Punjab Pharmacy Council. Thus, the petitioner, who had not prepared the alleged false verification report, has been falsely involved. Moreover, the petitioner was not the beneficiary of any such false reports and his custody may not be required. 4. Learned counsel spearing on behalf of Ajay Kumar @ Ajay Sharma (petitioner in CRM M-20535 of 2025) submitted that the petitioner had passed his 10+2 (Intermediate Examination) from Board of High School and Intermediate Education, U.P., Praygraj and was issued the intermediate examination certificate (Annexure P-2). Thereafter, the petitioner was awarded diploma in pharmacy (Annexure P-3) by the Punjab State Board of Technical Education and AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -9- Industrial Training. The petitioner applied for registration as pharmacist with the Punjab State Pharmacy Council, however, the registration was refused by the Council for reasons mentioned in the FIR. In fact, Ashok Kansal, Superintendent, Punjab Pharmacy Council (co-accused) contacted the petitioner and demanded a sum of Rs.65,000/- for approval of registration. On the asking of Ashok Kansal, petitioner paid a sum of Rs. 65000/- to Kishan Singh and the petitioner is not aware as to what had transpired thereafter. 5. Learned counsel appearing on behalf of Kishan Singh (petitioner in CRM M-22715 of 2025) submitted that the petitioner had neither prepared the fake reports nor was beneficiary of any fake certificates. Even, he had been named by the complainant, just to save the other employees of the Board. Even, the reports prepared by the police officials were contradictory and there was not incriminating material against the present petitioner. 6. On the other hand, learned State counsel vehemently opposed the submissions made by the learned counsel for the petitioners and filed a detailed status report by way of an affidavit of the DSP, City-II, SAS Nagar. Learned State counsel has referred to para 5 of the said status report and the same reads as under:- “5.That on this, the Senior Superintendent of Police, SAS Nagar had marked the complaint to the Superintendent of Police (Headquarter), SAS Nagar with the directions to ascertain the veracity of the allegations. On this, the AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -10- enquiry officer had called all the accused and complainant and thoroughly examined the issue in question and observed that the Pharmacy Council Punjab vide its letter dated 04.04.2024 had brought to the notice of Punjab School Education Board that the board has sent the council two different verification reports of the 12th class certificates issued in the name of Ajay Kumar and Kuldeep Singh from which one report declared the certificates as genuine while other report declared those certificates as bogus. He further observed that the co-accused of the petitioner Kishan Singh had come to the board to collect his son's certificate where he met his co-accused Jagtar Singh. He further observed that the co-accused Kuldeep Singh who is neighbor of the said Kishan Singh was willing to peruse diploma in Pharmacy but he had no 12th class certificate. On this, the said Kuldeep Singh told the accused Kishan Singh that he need 12th class certificate in science. On this, Kishan Singh had talked with Jagtar Singh who had demanded Rs. One lakh for preparation of certificate and verification of the same and the deal was finalized for Rs. 65000/-. Thereafter, the said Kuldeep Singh and Kishan Singh had paid Rs. 65,000/- cash to Jagtar Singh who after 15 days of payment of money had delivered 12th class certificate in science prepared in the name of Kuldeep Singh to the said Kuldeep Singh and Kishan Singh. Thereafter, on the basis of said certificate, Kuldeep Singh had studied diploma in Pharmacy from SFC College Moga. He further observed that Lovepreet Singh son of Kishan Singh had also completed D. Pharmacy from SCF College Moga. Thereafter, Kishan AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -11- Singh had come to Pharmacy Council Punjab to get registration of his son Lovepreet Singh where he met one Ashok Kansal, Superintendent, Pharmacy Council, Punjab to whom Kishan Singh had paid Rs. 20000/-for swift registration of his son under Pharmacy Act and during this Kishan Singh has established good relations with said Ashok Kansal. He further observed that thereafter, Kishan Singh again came to Pharmacy Council Punjab to get registration of Kuldeep Singh with council where he had stated about the bogus 12th class certificate of Kuldeep Singh to Ashok Kansal for which Ashok Kansal had demanded Rs. 50000/- for his registration. Thereafter, Ashok Kansal had called the said Kishan Singh and told him to get prepare 12th class certificate in science in the name of his known person namely Ajay Kumar. On this, Kishan Singh called Jagtar Singh who again get ready to prepare the certificate in the name of Ajay Kumar for Rs. 65,000/-. On this, Kishan Singh and Kuldeep Singh had paid Rs. 65,000/- to said Jagtar Singh by adjusting Rs. 50000/- demanded by Ashok Kansal for registration of Kuldeep Singh under Pharmacy Act. Thereafter, Jagtar Singh sent prepared certificate to Ajay Kumar on his WhatsApp number. The enquiry officer further observed that Punjab Pharmacy AS-237995 and Certificate No. B-01-MS-6010/17 issued in the name of Kuldeep Singh and Ajay Kumar to Punjab School Education Board for verification. Out of those, certificate No. B-97-AS-237995 issued in the name of Kuldeep Singh was received by Ranjit Singh, Peon Verification Branch while certificate no. 8-01-MS- 6010/17 issued in the name of Ajay Kumar was received AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -12- by Rajinder Singh, Peon Verification Branch but the same were not received at Verification branch. On this, the petitioner who was working as Senior Assistant at single window was asked to provide the copy of receiving of the certificates delivered to verification branch but he could not produce the same. Apart from this, it also came on record that the pages of the peon book on which entries qua the 34 verification cases made were torn and in place of 34 cases, only 9 cases were mentioned in the book. Thereafter, the enquiry officer held the persons namely Kuldeep Singh, Ajay Kumar, Kishan Singh and the petitioner Avninder Pal Singh accused in the case for preparation of bogus certificates and producing the same for registration with Punjab Pharmacy Council and recommended to register case under Sections 420, 465, 466, 467, 468, 471 and 120-B IPC against the said accused and forwarded the report to the Senior Superintendent of Police, SAS Nagar for approval who further forwarded the enquiry report to District Attorney (Legal), SAS Nagar for legal opinion. On this, the District Attorney (Legal), SAS Nagar vide its legal opinion dated 28.11.2024 opined to register case against the petitioner and his co-accused under Sections 420, 465, 466, 467, 468, 471 and 120-B IPC. On this case FIR No. 19 Dated 08.03.2025 under Sections 420, 465, 466, 467, 468, 471 and 120-B IPC, PS Phase 8, Mohali, District SAS Nagar got registered against Ajay Kumar, Kuldeep Singh, Kishan Singh and the petitioner and investigation in the case commenced”. 7. Learned State counsel submitted that in the present case, Avninder Pal Singh, petitioner was an employee of the PSEB and had AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -13- declared the 12th certificate of Ajay Kumar (petitioner) and Kuldeep Singh co-accused to be genuine and had prepared a false verification report in their favour. Even, the certificates were not sent to the concerned branch for verification and the officials of the PSEB were involved in preparation of false verification certificates. Moreover, during inquiry, it was also found that Ajay Kumar @ Ajay Sharma (petitioner in CRM M-20535 of 2025) got prepared the fake certificates of 12th standard from Kishan Singh (petitioner in CRM M-22715-2025) by paying a sum of Rs. 65,000/-. Thus, there was sufficient evidence against all the three petitioners and their custodial interrogation was required to recover the documentary evidence as well as to ascertain the roles of other persons, who were involved in the process of preparation of fake certificates. Learned State counsel submitted that there is a possibility of involvement of other accused and other officials of the PSEB in the present case and the entire racket of fake certificates has to be unearthed. 8. I have heard learned counsel for the parties and perused the record. 9. In the present case, serious allegations have been levelled by the complainant with regard to forgery of 12th Class certificates by the official of the Punjab State Education Board, in collusion with the other accused. During inquiry, the senior police officers have not only found the direct involvement of all the three petitioners, but several AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order CRM M-19017 of 2025 and connected cases -14- other officials were also part of the gang, which was forging certificates. In the present case, the trial Court rightly rejected the anticipatory bail of the petitioners by observing that the ramification were wider and deeper and thorough probe was required to investigate the whole racket and the custodial interrogation of the petitioners would be imperative. Still further, in the present case, the allegations levelled against all the petitioners are grave and a matter of concern for the society at large. Thus, finding no merits, all the petitions are ordered to be dismissed by this Court. 07.05.2025 (N.S.SHEKHAWAT) amit rana JUDGE Whether reasoned/speaking : Yes/No Whether reportable : Yes/No AMIT RANA 2025.05.07 13:23 I attest to the accuracy and authenticity of this judgement/order