New Delhi, Sep 7 A Delhi court has dismissed a criminal complaint filed against a BJP councillor seeking his prosecution for allegedly obtaining economically weaker section (EWS) certificates and filing false affidavit on his income to get his two children admitted in reputed schools.
The court rejected the complaint filed by a social worker against Pawan Singh Rathee, Councillor from Madhu Vihar in south west Delhi, saying he was elected in 2012 and he committed the alleged act of submitting false affidavit to obtain EWS certificates in 2007 and 2011 when he was not a public servant.
The complaint reflects that it is the case of complainant himself that respondent no.1 (Rathee) had furnished false information to obtain EWS certificates dated September 18, 2007 and October 10, 2011, before he filed his nomination in 2012.
As per the complainant, respondent no.1 contested the election of Councillor after he was nominated in 2012 and became a Councillor thereafter.
"Thus, the act/conduct of respondent no.1 by submitting false affidavit/declaration to obtain EWS certificates on September 18, 2007 and October 10, 2011, was an act committed by him when he was not a public servant and therefore, in my opinion, will not attract Prevention of Corruption (PC) Act," Special Judge Hemani Malhotra said.
The court also dismissed the plea which sought to make a Tehsildar in SDM office of Najafgarh Zone who had issued the EWS certificates, an accused, saying in the absence of previous sanction of the competent authority, it cannot take note of the private complaint against the public servant for commission of offences under the PC Act.
"For the reasons stated above, I find no ground to order investigation under provision of CrPC or to take cognizance of the present complaint. Complaint is, accordingly, dismissed," the judge said.
Delhi resident Chetan Prakash had alleged that Rathee had obtained the certificates in 2007 and 2011 by filing false affidavit regarding his income to get his two children admitted in two different schools in Dwarka through EWS quota, though he declared more assets in the affidavit filed to contest the elections in 2012.
"Thus, Rathee was not entitled to EWS certificates which he had fraudulently obtained by showing his income to be below Rs one lakh per annum," it alleged, while making similar charges against the Councillor's brother and another person.