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The petitioner/accused in C.C.No.427 of 2024 who is facing trial for the offence under Sections 166, 182, 420, 468 and 471 IPC filed a discharge petition in Crl.M.P.No.3 of 2024 and the same was dismissed by the Trial Court by order dated 23.10.2024. Against which, the present revision petition is filed.

2.The case against the petitioner is that on 13.06.2007 the petitioner accepted the offer of appointment as Lecturer in the Department of Computer Science and Engineering under Other Backward Class [OBC] category in Pondicherry Engineering College, Kalapet, Puducherry. Subsequently on 26.06.2007, the petitioner applied for caste certificate for Other Backward Classes in civil posts and services under Government of India. This application signed by the petitioner was submitted to Tahsildar, Taluk Office, Puducherry with false information. The petitioner willfully suppressed his original caste Scheduled Caste (Parayan) and projected himself as though he belongs to Senguntha Mudaliar and obtained a caste https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) certificate (OBC) vide Certificate Sl.No.9651/TOO/F/07 dated 02.07.2007. The said caste certificate was produced by the petitioner as genuine to the Pondicherry Engineering College authorities and joined as Lecturer in Computer Science on 03.07.2007 and worked till 22.08.2007 and thereafter resigned from the post giving reason that he is to join a Software Company. Later on verification of the petitioner’s caste certificate, it was found that the petitioner suppressed his original caste as Scheduled Caste (Parayan) and with false declaration, obtained a certificate as Sengunthar Mudaliar (OBC), thereby the petitioner not only cheated the Government but denied employment for an eligible candidate under OBC Category and made a pecuniary gain of Rs.31,582/-. Hence, for the criminal misconduct as public servant he rendered himself punishable under Sections 166, 182, 420, 468, 471 IPC and Section 13(1)(d)(ii) r/w. 13(2) of Prevention of Corruption Act, 1988 [PC Act]. On completion of investigation, charge sheet filed before the Special Judge for Prevention of Corruption Act at Puducherry in C.C.No.3 of 2022. The petitioner filed a discharge petition in Crl.M.P.No.2943 of 2022 on the ground that no sanction obtained and hence, he cannot be prosecuted under the Prevention of Corruption Act. https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) The learned Special Judge allowed the petition discharging the petitioner for the offence under Section 13(1)(d)(ii) r/w. 13(2) of PC Act by order dated 31.01.2024 and transferred the case to the jurisdictional Court. Thereafter, the case transferred to the learned Chief Judicial Magistrate, Puducherry and taken on file as C.C.No.427 of 2024, in which, petitioner filed a discharge petition in Crl.M.P.No.3 of 2024 which was dismissed by the Trial Court. Against which, the present petition filed.

4.During June 2007, the petitioner applied for Lecturer post in Pondicherry Engineering College under OBC category. Since after marriage to Sathya who belongs to Senguntha Mudaliar community, his in- laws insisted the petitioner to shred his birth caste and a community certificate for the petitioner as Senguntha Mudaliar community arranged by his inlaws. The Tahsildar, who received the application directed the Village Administrative Officer (VAO) of Saram revenue village, Thattanchavadi revenue village and Uppalam revenue village, where the petitioner was residing from the year 2002-2008, to collect details, all VAOs confirm the nativity of the petitioner in the said places. Further, Thattanchavadi VAO confirms that he conducted spot enquiry, confirmed the petitioner residing with family in the area dominated by Senguntha Mudaliar, the petitioner’s https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) in-laws and relatives enquired, all confirmed the petitioner belonging to Senguntha Mudaliar community and thereafter positive report given. Based on the report, the Tahsildar/L.W.14 issued the Community Certificate. Later due to the matrimonial discord, the petitioner and his wife got separated and divorce obtained on 03.05.2011, from 2002 after marriage there was no quarrel about the petitioner ordained to Senguntha Mudaliar community, after his divorce, his divorced wife and his in-laws supported by Dr.MAS.Subramanian, State Organizer, DMK Party, who also belongs to their clan, orchestrated a plan and lodged a complaint as though the petitioner had given false particulars and obtained the community certificate as OBC and knowingly used the false certificate to get employment. In fact, the petitioner is a victim of circumstances. The petitioner's father is a Government servant employed in the Revenue Department in the Government of Tamil Nadu. Hence, there is no secrecy of his community status as Scheduled Caste (Parayan). The petitioner within a period of 51 days resigned from the Lecturer job at Pondicherry Engineering College since his conscious did not allow him to carry the Senguntha Mudaliar tag. The petitioner worked sincerely from the date of his appointment and https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) earned his respect. The entire episode happened in the year 2007 and the issue died down after the divorce of the petitioner from Sathya, this episode magnified, manifested and a complaint generated through Dr.MAS.Subramanian, State Organizer, DMK Party, Puducherry, who gave a petition to the Lieutenant Governor, which was forwarded to the Superintendent of Police, Vigilance and Anti-Corruption, Government of Puducherry, who conducted enquiry, collected documents, enquired all concerned and a report submitted on 01.09.2016. Thereafter, the same forwarded to the respondent who registered FIR and filed a charge sheet listing witnesses and documents.

10.The complaint of Sathya is that till 2007, she and her parents were made to believe that the petitioner belongs to Senguntha Mudaliar community suppressing the fact that he is from Scheduled Caste Hindu Parayan community. Further, there was matrimonial discord, for the reason the petitioner developed extra marital affair with an elderly lady named https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) K.Rajalakshmi, a Professor. The petitioner by force, obtained divorce by mutual consent from Sathya on 03.05.2011 and thereafter the petitioner married his student Sowmiya, the present wife. The respondent police on receipt of the enquiry report registered a case. On perusal of the enquiry report, it is seen that seven persons examined, statements recorded but the informant not appeared for enquiry. The persons enquired are Mr.R.Adikesavan, VAO of Saram Village, Mr.Ulaganathan, VAO of Thattanchavadi Village, Mr.Devadoss, VAO of Uppalam Village, the petitioner’s divorced wife Sathya and Mr.M.S.Ramesh, Tahsildar, Oulgaret, Puducherry and the petitioner. The VAOs confirm petitioner’s residence in Puducherry and conducted spot inspection, gave reports and thereafter, the Tahsildar issued the community certificate to the petitioner as Senguntha Mudaliar. During investigation of the present case, the above said persons and the other witnesses from Pondicherry Engineering College, the co- applicants along with the petitioner, the members of the District Committee who cancelled the petitioner’s community certificate as Senguntha Mudaliar examined and statements recorded. The foundational fact is that the petitioner applied for Lecturer post under OBC category, he was selected https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) and thereafter he was asked to produce the community certificate. L.W.6/VAO of Saram Village confirms that L.W.14/Tahsildar forwarded the petitioner's application for issuance of community certificate to him to verify and submit a report. L.W.6 finding that the petitioner was residing less than five years in the said address forwarded the report to the Tahsildar, Uzhavankarai with the nativity certificate alone. Thereafter, the application forwarded to L.W.8/VAO, Uppalam, who also gave a nativity certificate. Again it was forwarded to L.W.7/VAO, Thattanchavadi, who on receipt of the reports from L.W.6 and L.W.8, conducted spot inspection, verified educational certificates of the petitioner, voter identity car and LIC documents and found petitioner hails from the State of Tamil Nadu. Further, the petitioner’s inlaws and local residents enquired, who all confirmed petitioner residing with his wife and daughter in Muthialpet, which is predominantly Senguntha Mudaliar community settlement. Thereafter, L.W.7 gave a positive report for issuance of community certificate to L.W.14. On the reports of VAOs/L.W.6, L.W.7 and L.W.8, the Tahsildar/L.W.14 issued the community certificate to the petitioner and the same submitted to Pondicherry Engineering College. Admittedly, the https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) petitioner served only for 51 days and thereafter resigned. These incidents happened during the year 2007, the petitioner obtained divorce from his wife in the year 2011 due to matrimonial discord, three years thereafter in the year 2014, the case was initiated on the complaint of a political functionary who is associated with his inlaws. The petitioner’s father is a Revenue Inspector posted in Pudukottai District. The petitioner belonging to Scheduled Caste Hindu Parayan Community recorded in all documents from his student days in School, College and in all educational institutions where he studied. The contention of Sathya that the petitioner not disclosed his community when they were studying in AVC Engineering College, Mayiladuthurai is far fetched. The petitioner and Sathya were in love with each other and for the purpose of marriage, the petitioner was projected as Senguntha Mudaliar in the family circle of Sathya in Puducherry and for this reason, the marriage invitation shows petitioner belongs to Senguntha Mudaliar Community. After marriage, they were living happily till they got separated. Till such time, there was no complaint. The community certificate was issued by L.W.14 and prior to it, L.W.6, L.W.7 and L.W.8 conducted spot inspection and thereafter community certificate issued, https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) during this period, the petitioner and Sathya living together as husband and wife. It is not in dispute that in the Union Territory of Puducherry, issuance of community certificate for availing any reservation benefit in Union Territory for all categories, preference given to the native resident i.e., their place of origin must be Puducherry and the persons who shifted domicile in Puducherry are denied of any such benefit and they are termed as migrants. The reservation benefits is only for the origins and not for the migrants. In this case, the petitioner hails from Pudukottai, thereafter for employment he came to Puducherry which is not in dispute and in such circumstances, the revenue authorities issuing community certificate as Senguntha Mudaliar community is due to improper enquiry and duty is cast upon the revenue authorities to conduct field inspection and to verify documents, enquire local residents and others. In this case, the petitioner’s application for community certificate as OBC which is a primary document not produced. Further, the revenue officials absolved and shielded for their acts, for the reason it is a self declaration submitted by the petitioner. In this case, L.W.2 and L.W.3 are the co-applicants who belong to Most Backward Class [MBC], since they qualified to be considered in the open category they were https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) selected under open category. The candidate who was in waiting list in OBC Category Diana, after petitioner's resignation was employed. Hence there is no damage or denial to the rightful candidate. The other allegation against the petitioner for the subsequent employment in Pondicherry University (Karaikal Centre) as Assistant Professor in getting selected in open category cannot be faulted with. In the marriage invitation the petitioner projected hailing from Senguntha Mudaliar community is by his inlaws, to save their pride, a self serving documents. The petitioner’s father is employed as Revenue Inspector in the State of Tamil Nadu under Scheduled Caste category and in all educational certificates of the petitioner, it is recorded that the petitioner belongs to Scheduled Caste Hindu Parayan community and it is only after the marriage, the petitioner ordained as Senguntha Mudaliar community by his inlaws, who have facilitated petitioner to acquire the community certificate as Senguntha Mudaliar community. Admittedly, the petitioner served as Lecturer in Pondicherry Engineering College only for 51 days in the year 2007 and thereafter, he resigned and now he is employed in Pondicherry University (Karaikal Centre) as Assistant Professor. It is clear that the foundational https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) fact of the forgery is that the petitioner made declaration in his application requesting for community certificate as Senguntha Mudaliar, it is the duty and responsibility of the revenue officials L.W.6, L.W.7, L.W.8 and L.W.14 to have conducted proper enquiry by spot inspection and thereafter to have issued community certificate. The revenue officials for the obvious reasons now shifting the onus on the petitioner, further the inlaws projected the petitioner as Senguntha Mudaliar for their own reasons, now makes a turn around after divorce of petitioner and Sathya and projected a case of forgery against the petitioner due to private and personal grudge.

12.Thus the above case is nothing but a manifestation of matrimonial https://www.mhc.tn.gov.in/judis ( Uploaded on: 29/08/2025 04:04:11 pm ) discord between the petitioner and his divorced wife. The projection of the petitioner as he belongs to Senguntha Mudaliar of Other Backward Community suppressing his real community of Scheduled Caste (Parayan) is far fetched. The petitioner and his divorced wife were classmates prior to their marriage, studying in College together, thereafter employed together and living together. In fact the petitioner uprooted himself from his native Pudukottai and thereafter, he got settled in Puducherry along with his wife and in-laws. The revenue officials confirms that his father-in-law and his in-laws confirmed that the petitioner belongs to Senguntha Mudaliar. Thus the petitioner is a victim of circumstances and no mens rea could be attributed to his act. Now the community certificate obtained as Senguntha Mudaliar has been cancelled, the petitioner obtained new community certificate with his original caste name and he got employment. It is a fact that if a person belongs to Scheduled Caste, by his community status he stands to gain and not otherwise. Thus, there is no suppression by the petitioner. In view of the above, it is clear that in vengeance to spike venom the above case was foisted against the petitioner.