BSNL Jobs Fraud: Jharkhand HC Refuses to Quash Criminal Proceedings Against 11 “Fake” Workers
Case No: Cr.M.P. No. 18 of 2023
By Sandhya kaika
The Jharkhand High Court has dismissed a petition filed by 11 individuals seeking to quash a criminal case involving allegations of forgery and cheating to obtain employment at Bharat Sanchar Nigam Limited (BSNL).
The petitioners were accused of conspiring with BSNL officials and the Department of Telecommunication to fabricate documents. They allegedly posed as Temporary Status Mazdoors (TSM) to claim employment benefits. When BSNL detected the fraud and put their services in abeyance, the petitioners moved the Central Administrative Tribunal (CAT), leading to a deeper internal vigilance enquiry.
A BSNL Vigilance enquiry found 11 officers and 14 TSMs prima facie involved in the malpractice. Following this, an FIR (Case No. 94/2019) was registered at Deoghar Town Police Station. After a thorough investigation, the police filed a chargesheet under sections:
409/420: Criminal breach of trust and cheating.
467/468/471: Forgery of valuable security and using forged documents as genuine.
120B: Criminal conspiracy.
The petitioners argued the case was “frivolous and vexatious,” citing Supreme Court precedents to claim that no offence was made out even if the allegations were true.
However, Justice Anil Kumar Choudhary rejected these arguments, emphasizing:
At the stage of taking cognizance, a Magistrate cannot “add or subtract” sections from a police report; that can only happen during the framing of charges.
The High Court cannot conduct a “mini-trial” or appreciate evidence under Section 482 CrPC.
The Court noted that the petitioners had avoided appearing before the trial court despite summons, which delayed the legal process.
With no evidence of police misconduct or manifest injustice found, the Court ruled that the trial must proceed.
