S. R. Chari, G. D. Gupta, S. Balakrishnan, R. K. Garg, C. Agarwala, D. P. Singh and M. K. Ramamurthi, for the appellant.
G. Patwardhan and B. R. G. K. Achar, for the respon dent.
March 23, 1964.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. The facts leading to this appeal, by special leave, are these The Madras Public Service Commission, hereinafter referred to as the Service Commission, by its numberification published in the Fort St. George Gazette dated August 3, 1948, invited applications for appointment of Assistant Surgeons in the Madras Medical Service Mens Section , from persons who had rendered temporary service as Assistant Surgeons in that Service at any time between September 3, 1939 and December 31, 1947 and from persons who had rendered War Service and possessed the qualifications mentioned in paragraph 3 of the numberification.
Paragraph 3 of the numberification, inter alia, reads Applicants must satisfy the Commission a that they are registered practitioners within the meaning of the Madras Medical Registration Act, 1914 b that they possess the L.M.S. degree or the M.B., B.S., degree of a University in the Province or an equivalent qualification.
Appeal by special leave from the judgment and order dated July 17, 1962 of the Andhra Pradesh High Court in Criminal Revision Case No.
The appellant, who was at the time serving as a Civil Assistant Surgeon in the Madras Medical Service on a tempo rary basis, applied for the permanent appointment to the posts notified by the Public Service Commission.
In this application he made the following representations, which have been found to be false, by the Courts below that his name was Kaza Krishnamurthy that his place of birth was Bezwada, Krishna district that his father was K. R. Rao of Bezwada and that he held the degree of M.B.B.S., II Class, from the Andhra Medical College, Vizagapatam, Andhra University.
On these facts, the appellant was companyvicted of the offence under s. 419 I.P.C. for having cheated the Madras Public Service Commission by personating as Kaza Krishnamurthy and misrepresenting that he had the necessary qualifications for the post advertised inasmuch as he held the degree of B.B.S., and that this deception of the Service Commission was likely to have caused damage to its reputation.
It may number be mentioned that the appellant was also tried for offences under s. 420 and s. 465 I.P.C. in companynection with certain acts companymitted by him in June and October, 1944.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He was, however, acquitted on appeal, by the Sessions Judge, of the offence under s. 420 I.P.C. The appellants companyviction under s. 419 I.P.C. was companyfirmed by the Sessions Judge and the revision against that order was dismissed by the High Court.
it is against this order of the High Court that the appellant has preferred this appeal after obtaining special leave.
The trial Court acquitted him of the offence under s. 465, but companyvicted him of the other offence.
134 of 1962.
298 of 1961.
