Bashir Ahmad Ganai faces legal action for presenting a forged medical certificate to justify absence from duty.
The Jammu & Kashmir and Ladakh High Court, Srinagar Bench, has dismissed a writ petition filed by Bashir Ahmad Ganai against the State of J&K and others, citing the submission of a forged medical certificate by the petitioner. Justice Sanjay Dhar, presiding over the case, ruled that the court cannot exercise its discretionary writ jurisdiction in favor of a litigant who approaches with unclean hands.
The petitioner, Bashir Ahmad Ganai, had challenged an order by the J&K State Road Transport Corporation (JKSRTC), which treated his period of absence from duty as 'dies non'. He sought to have this period recognized as on duty, claiming his absence was due to a serious ailment. However, the High Court found that the medical certificate presented by Ganai was forged.
The forgery was discovered following a detailed inquiry. The Medical Superintendent of the Government Psychiatric Disease Hospital, Srinagar, confirmed that the certificate produced by Ganai had been tampered with, stating that the signatures on the certificate were not genuine. The court, therefore, determined that Ganai had fraudulently attempted to use the document to support his claims.
In light of the forgery, the court dismissed the petition and ordered the Registrar Judicial, Srinagar, to file a criminal complaint against Ganai under Sections 336 and 340 of the Bharatiya Nyaya Sanhita, 2023. These sections pertain to forgery and the use of forged documents. The court emphasized that such fraudulent actions nullify judicial acts and directed that Ganai be prosecuted for his offenses.
This case underscores the critical importance of honesty and integrity in legal proceedings. The court reiterated that it cannot extend its discretionary powers under Article 226 of the Constitution to individuals who attempt to manipulate the judicial process through deceitful means.
Bottom Line :
A forged document submitted to justify absence from duty invalidates claims in a writ petition and attracts prosecution under relevant provisions of Bharatiya Nyaya Sanhita (BNS).
Statutory provision(s): Article 226 of the Constitution of India, Bharatiya Nyaya Sanhita, 2023 Sections 336, 340, and 215.
Bashir Ahmad Ganai v. State of J&K, (J&K and Ladakh)(Srinagar) : Law Finder Doc id # 2965134
