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Showing contexts for: Proficiency computer in Dr. Sarat Kumar Dutta vs The State Of Assam on 6 December, 2022Matching Fragments
Page No.# 6/11 5.4. It is that part [C] 'Proficiency in Computers' in 'Extra-Curricular Activities and Special Skills' segment in the recruitment process where the maximum marks allotted was 05 [five], illegalities/irregularities were alleged to have been occurred.
5.5. The SLPRB, Assam in respect of the afore-mentioned recruitment process had constituted a Committee under the Chairmanship of the Special DGP[T&AP], Assam with three other members to randomly verify the computer proficiency certificates submitted by the candidates during submission of on-line applications and at the time of appearing in PST and PET in connection with the recruitment process. The Committee with the assistance of the Superintendents of Police of the districts, verified the genuineness of the computer proficiency certificates submitted by the candidates and submitted an Enquiry Report.
113. Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record."
9. Having regard to the nature of accusations raised against the accused persons suspected to have obtained/procured fake computer efficiency certificates, the task before the Investigating Agency in the case in hand is to collect cogent and reliable materials regarding genuineness or otherwise of the computer efficiency certificates, submitted or procured by the candidates. It is true that the recruitment process carried by the SLPRB, Assam was a huge one whereby the process was initiated for filling up more than 6000 posts of constables. The case of the Investigating Agency is that the certificates submitted by the candidates are either from an unknown institute or from a bogus institute or from an institute which is not authorized to issue such certificate or from a institute which does not have any existence or the certificate is a forged one, etc. The Investigating Agency is required to find out about genuineness or otherwise of the certificates submitted by those 414 nos. of candidates. Thus, the entire issue here hinges upon the nature of materials collected by the Investigating Agency about the bogusness or correctness of the computer efficiency certificates. The allegedly fake Computer Efficiency Certificates are already in custody and possession of the recruitment agency, SLPRB, Assam. It is on the status and credentials of Page No.# 9/11 the institutes/authorities wherefrom the allegedly fake computer efficiency certificates were shown to have been issued/obtained the entire case of Investigating Agency is dependent. The institutes/authorities are external ones and their status and credentials can be unearthed by visiting these institutes/authorities. Based on the finding of their status and credentials, the culpability of the participating candidates can be found out. In case of the institutes' non- existence, dubious/sham existence, etc. the onus would fall upon the candidates to rebut the same in the course of trial in future. It appears that the validity about such institutes' recognition/accreditation, etc. can be found by making inspection and by other means. The prime reason for initiating the investigation is for the reason that when a random enquiry initially and thereafter, a detail enquiry were carried out, a number of candidates were found to have submitted fake computer efficiency certificate in order to gain part of 5 [five] marks allotted under part [C] 'Proficiency in Computers' in 'Extra-Curricular Activities and Special Skills' segment of the recruitment process. Thus, the direction in which the Investigating Agency has to take its investigation forward could be said as clear and definite and it is not a case that the investigation is to be led without any particular leads or in a direction with dead end.