Forged signature

File application in Hc u/s 151 of CPC for the verification of both the signatures by  hand wrting expert.

Sir,

Indian evidence Act section 114 says:-

114. Court may presume existence of certain facts

The court may presume the existence of any fact which it thinks likely Stoe ch. a1v14e

happened, regard being had to the common course of natural events, human conduct

and public and private business, in their relation to the facts of the particular case.

(e) that the judicial and official acts have been regularly performed;

as to Illustration (e) : A judicial act, the regularity of which is in question,

was performed under exceptional circumstances;

According to this, there is a presumption that, unless proper procedure is followed, a letter cannot be issued from a Govt office, that procedure is:- (1) Your friend will sign, thats all. (2) Said signature is not about appointment, if he selected, some other employee will forward that decision; or if your friend had forwarded, that was about some other person/ selection Board's decision. (3) A clerk or peon will allot a "Mail Out" number and date, as told by you, from the Issue Register, under his own signature. (4) this type of letters are send by Registered Post, thus the Post Office also to do various duties. The same rule applies for Private employment also, other than for daily wages employment.

According to law, employment, whether private or govt, to be given to person having merit, other than for "One Man show shops". Any way, a Govt Officer's signature is forged - even if an incompetnet person is given job without selection procedure, the courts are not going to tell to give him permission to join. thus nothing to worry.

Court issued notice, now the Govt deptt will produce evidence to the effect that, there was no Selection board and no selection took place etc. the case will be dismissed.

Further enquiry will be done about how the forgery took place - high court itself will direct the Registrar to file a criminal complaint in the Magistrate court.

Do not worry.

All the best.

Ramanathan.G,

Kochi, Kerala.

ramanathan2108@gmail.com

thanx Ramanathan sir,

your reply helps us.

Actually,

HC has unilaterally ordered  for criminal proceeding after getting expert opinion on signature without giving oppertunity to my freind .Is not it a violation of Fundamental rights of my friend.

The Head of the Office has also submitted an affidavit stating that no letter has been issued to that concern person.the letter no. he submitted has been issued to some other office.

kindly suggest what should be the next step.

Sirs, In this case, the govt employee/ officer (your friend) is the Govt (state govt or central govt), who is always represented by Govt Pleader/ Standing Counsel; thus no separate representation is necessary.

Further, please note, act of the Court shall prejudice no one (there is a maxim to this effect). Court's activities cannot infringe any one's fundamental rights - otherwise, how the Court can give death sentence. Thinking like this will lead you to Contempt of court. In this topic, the Supreme Court of India case about "Curative Petitions" may help you, to learn this matter/ allegation of fundamental rights by court.

You wrote: "HC has unilaterally ordered", i think, the word "suo-motu" could have been used here, please examine.

I remember, one person filing Writ petition in the High Court of Delhi, claiming he had been appointed as "Deputy Chief Justice of India"; that case was prior to the year 2000.

Any way, there is nothing to fear.

thanking you, yours truly,

30-7-12, 6.40 pm.

You have not described the query fully :-

(1)  In which capacity your friend was working.

(2)  How the forgery was done

(3)  Whether he was a candidate for the post.

(4)  How your friend learnt about the fraud.

(5)  What your friend did on learning of forgery (if letter is not signed by him)

Given facts indicate that your friend is competent officer to sign offer of appointment.

One thing is absolutely clear that (i) either someone forged signature of you friend ; or (ii) your friend himself signed the appointment letter

You mentioned that “The Head of the Office has also submitted an affidavit stating that no letter has been issued to that concern person. the letter no. he submitted has been issued to some other office.”

So the office (consisting of the team of hierarchy did not issue a letter.  That certainly does not mean that the signatory of the letter did not sign a fraudulent offer or unselected person.

Mr Ramanathan G has stated that

“Any way, a Govt Officer's signature is forged - even if an incompetnet person is given job without selection procedure, the courts are not going to tell to give him permission to join. thus nothing to worry.

Court issued notice, now the Govt deptt will produce evidence to the effect that, there was no Selection board and no selection took place etc. the case will be dismissed.

Further enquiry will be done about how the forgery took place - high court itself will direct the Registrar to file a criminal complaint in the Magistrate court.”

I am sorry I have to politely disagree.  The court may now allow unselected person to join with a forged (or fraudulent letter) but do not expect court to be lenient to the person who signed the letter and as described by you forensic report indicates similarity in signature.  So a criminal case will be registered and your friend’s lawyer will cross-examine the forensic expect  if the signature tallies in graphics or in flow.

The criminal case has to start with interrogation /or even arrest/ remand of your friend. That is the reason that I do not agree that “nothing to worry.”

 Mr Ramanathan G also advised that “In this case, the govt employee/ officer (your friend) is the Govt (state govt or central govt), who is always represented by Govt Pleader/ Standing Counsel; thus no separate representation is necessary.”

You felt that “unilaterally ordered  for criminal proceeding after getting expert opinion on signature without giving oppertunity to my freind .Is not it a violation of Fundamental rights of my friend”

In this regard I will fully agree with Mr Ramanathan G

In case still your friends feels that his Fundamental rights are infringed then he may file SLP in Supreme Court.  

I am again constrained to disagree.  So far the department was facing a civil litigation and represented itself through Govt pleader.  You did not indicate if your friend as a respondent in person in High Court. But now there is going to be a criminal case and criminal case is not filed against department it is filed against individual and your friend as a accused of having issued a fraudulent appointment will not be entitled to be protected by Govt pleader.

I will also politely disagree with Mr RK Nanda.  The report of Handwriting expert is sought from Forensic lab.  Yet is advise be relevant that you may file application for fresh appointment. The finger prints on the said letter will also be relevant is readable by now.

You asked “court can try the case on the basis of forensic report on siganute.” My dear what else the court needs.

I am surprised that deptt has not suspended him so far after seeing the forensic report against signatures whose authenticity  he was denying.

Your friend should immediately try for bail. 

In case he has really not signed the letter he should cooperate with police (which will be a hard job after high court directions and a forensic report against him).  They have got a nearly open and shut case. In this case police may not be interested in doing much hard labour for the sake of your friend only to be alleged of blocking directions of High Court.

Sirs, It is an easy advice to apply for Bail, in this case Anticipatory Bail. But why to waste money is my advice. Normally the Public Prosecutor will take bribe, to not to oppose Bail. In the year 2001, at Delhi, the rate was rs.5000/-. If no bail was granted, rs.2500/- will be due as bribe. In a case like this, no court is going to grant Anticipatory Bail. Reason is, custodial interrogation may be necessary. Either the Police will take a stand that, if counterfeit notes are seized, governor of RBI need not be arrested; or they may want the interrogation of signatory. Whether the deptt suspends or not, the custodial interrogation cannot be denied to the Police - it is not simply to torture or rag the prisoner, it is to place a lot of things and persons face to face.

As on today, at Kerala State, the Anticipatory Bail denial to an officer of BSNL is going on, for leaking out the details of phone of Police in a case. Courts do not grant anticipatory bail, because that will amount to denial of custodial interrogation.

It is not necessary that, Police will torture. that is your luck. If an intelligent Policeman will be the IO, and if you make honest disclosure statements at the earliest opportunity, he may not even raise the voice.

It is about Bail at this stage - please do not waste money, no one can escape interrogation. Plus the Advocate may ask you to spend money to Police, Public Prosecutor etc. I have seen the families, even for dowry cases, how get destroyed with repeated Bail applications.

You cannot escape the Criminal Case, because itis forged signature and a few persons will be made accused.

YOUR OWN ADVOCATE:- I will not advice to appoint an Advocate at this stage. If the accused is a female, irrespective of her income, she can get free legal aid. However, from the manner in which the case is going on, that is, the deptt did not suspend the signatory till now, i an certain that, your friend/ signatory will not face much problem.

Ragging in the hand of a cruel Police Team - i cannot assure you about that. However, it is possible that, in the Bus or on the way, you may object a pick-pocket or eve teaser, who may easily stab you. thus whether you will face problem of man handling, will a petty criminal do that or a bribe seeking policeman, i cannot predict. that is not a reason to waste money for an Advocate.

Any way, like how a Doctor will advice to prepare "Will", inform "Relatives" etc, i will advice your friend, to make a list of work which need to be done urgently, and complete that one after the another. At the same time, i repeat my advice told earlier - the role of your friend will be only of Prosecution Witness, to say that, he did not sign that. this i say, because, deptt did not suspend him till now.

Wish you all the best.

17-8-12 at 00.03 am midnight

ramanathan2108@gmail.com

I have gone through the post of Mr Ramanathan G.  It is a matter of his appreciation that he has taken so much pains to bring forth his point on the advise of a stranger although as on present he appears to be either mistaken as guilty or may even be guilty.

Sirs, It is an easy advice to apply for Bail, in this case Anticipatory Bail. But why to waste money is my advice. Normally the Public Prosecutor will take bribe, to not to oppose Bail. In the year 2001, at Delhi, the rate was rs.5000/-. If no bail was granted, rs.2500/- will be due as bribe. In a case like this, no court is going to grant Anticipatory Bail. Reason is, custodial interrogation may be necessary.

I have to agree with the cold fact that in this case the AB may not be easy and investigation cannot go ahead without custodial interrogation.  In this case not this officer but beneficiary of forgery is more relevant for custodial interrogation because he is going to reveal the real culprit and modus –operendie.

Not only this officer, but some other officials who dealt with the case and who may be familiar with the signatures may be relevant for interrogation.

I further have more reasons to agree with Mr Ramanathan that it appears that in this case assets of this officer may also be subject to verification to see if these are within known sources of income. In case he has really signed the letter there may be allegation under section 13(1(d) of PC Act.

But he can try for bail. Court may still be convinced that he is going to cooperate.

Either the Police will take a stand that, if counterfeit notes are seized, governor of RBI need not be arrested; or they may want the interrogation of signatory.

This not a case of counterfeit currency where signature clock of Governor RBI is used.  This is a case of a petty officer  (who was just authorized to convey the decision of appointing authority) whose signature appear on an offer of recruitment and there is forensic report against him and observations of High Court.

Whether the deptt suspends or not, the custodial interrogation cannot be denied to the Police - it is not simply to torture or rag the prisoner, it is to place a lot of things and persons face to face.

I have to agree the right of police for custodial interrogation is not affected by his suspension.  But placed in the circumstances as described by the querist there is ample justification for suspension of this officer which cannot be affected by slackness of police. However the department may use discretion in his favour if they feel that there is no possibility of tampering of evidence by non-suspension.

As on today, at Kerala State, the Anticipatory Bail denial to an officer of BSNL is going on, for leaking out the details of phone of Police in a case. Courts do not grant anticipatory bail, because that will amount to denial of custodial interrogation.

Most of the official alleged for leakage of information are denied bail. But this is a case of forgery.

It is not necessary that, Police will torture. that is your luck. If an intelligent Policeman will be the IO, and if you make honest disclosure statements at the earliest opportunity, he may not even raise the voice.

True.  But it is very less probable that a policeman will miss the opportunity to shine his career with a successful case where forensic report is there against the accused even before filing of FIR.

It is about Bail at this stage - please do not waste money, no one can escape interrogation. Plus the Advocate may ask you to spend money to Police, Public Prosecutor etc. I have seen the families, even for dowry cases, how get destroyed with repeated Bail applications.

You cannot escape the Criminal Case, because it is forged signature and a few persons will be made accused.

I have to partially agree. But if his is lucky he may be able to convince court that his bail may not hamper investigation although chances are slim.

YOUR OWN ADVOCATE:- I will not advice to appoint an Advocate at this stage. If the accused is a female, irrespective of her income, she can get free legal aid. However, from the manner in which the case is going on, that is, the deptt did not suspend the signatory till now, i am certain that, your friend/ signatory will not face much problem.

I have to disagree. Govt employee is not entitled to free legal aid for defending a criminal case arising out of official functions (even if the department neither suspends him nor initiate depll proceedings. He is entitled to get his expenses reimbursed if acquitted on merits.

Free legal aid from Legal Aid Authority, as far as I understand is available to poor persons and who have prima-facie chances of winning. (I will be very happy to be corrected if wrong).  In this case the person is a Govt officer who cannot with 6^th PC salary be called poor and there is a forensic report acknowledging his signature on a document  said to be forged or fraudulently issued.

Ragging in the hand of a cruel Police Team - i cannot assure you about that. However, it is possible that, in the Bus or on the way, you may object a pick-pocket or eve teaser, who may easily stab you. thus whether you will face problem of man handling, will a petty criminal do that or a bribe seeking policeman, i cannot predict. that is not a reason to waste money for an Advocate. Any way, like how a Doctor will advice to prepare "Will", inform "Relatives" etc, i will advice your friend, to make a list of work which need to be done urgently, and complete that one after the another. At the same time, i repeat my advice told earlier - the role of your friend will be only of Prosecution Witness, to say that, he did not sign that. this i say, because, deptt did not suspend him till now.

I really wish if he happens to be a prosecution witness then he does not need his lawyer.  But when , as described by querist, the forensic report has confirmed the signatures then either (i) someone has done successful forgery; or (ii) he himself has signed.  So there chances of his being accused. Deptt has not mandate to defend him in criminal case. 

As far as suspension is concerned they may be lenient till the officer remains in custody for 48 hours.

Sir,

I am a govt employee. My department changed my seniority and cadre by making my forge application. I have written my time to my department but they are not listing. What should I do?

@ Amenshu sahu

start your independent thread instead of mingling with the facts of this query.