The Supreme Court on Wednesday stayed the effect and operation of a February 4 order of the Punjab and Haryana high court whereby a chargesheet filed by Haryana Anti-Corruption Bureau (ACB) arraigning eight Haryana Civil Services (HCS) officers as accused was quashed.
The eight HCS officers Veena Hooda, Surender Singh-1, Jagdeep Dhanda, Sarita Malik, Kamlesh Kumar Bhadoo, Kuldhir Singh, Vatsal Vashisht and Jag Niwas were arraigned as accused by the ACB in a case pertaining to alleged irregularities and malpractices committed by the Haryana Public Service Commission (HPSC) in the recruitment process of 2001 Haryana Civil Service (HCS) and Allied Services (executive branch) examination.
The ACB had in 2023 presented a chargesheet in the court of Hisar sessions judge, Dinesh Kumar Mittal, arraigning these eight HCS officers of 2002 batch as accused. A total of 29 persons including six former HPSC functionaries, four allied services officers and nine paper checkers were also arraigned in the chargesheet.
Promotion of HCS officer to IAS cadre under cloud
The SC’s stay on the quashing of the ACB chargesheet may again put the promotion of eight HCS officers to the Indian Administrative Service (IAS) on hold. The Union Public Service Commission (UPSC) had in 2025 provisionally included these eight 2002 batch HCS officers – who were facing trial in a corruption case – in the select list for promotion to the IAS. As per the central rules, this meant that they cannot be promoted to the IAS unless exonerated by the court. The HC’s quashing of chargesheet had opened the doors for their induction in the IAS cadre. But the SC’s stay order has now reopened the question of their eligibility.
What the HC said in its judgement ?
Justice JS Puri of the HC in his February 4 judgement had stated that it is evident from the facts and circumstances that the petitioners (eight HCS officers) were implicated in the report under Section 173 CrPC after an inordinate delay of 18 years despite neither being named in the FIR nor having been subjected to any prior investigation. The inclusion of their names in the chargesheet is therefore not in accordance with law and is illegal.
“Accordingly, to prevent miscarriage of justice and to secure the ends of justice, the petitions are allowed. The chargesheet dated June 30, 2023, filed under Section 173 CrPC, is quashed qua the petitioners,’’ the HC said. The HC however granted liberty to the state government to conduct investigation, if deemed necessary, and to proceed further in accordance with law.
Former Haryana minister filed SLP in the apex court, subsequently, former Haryana minister, Karan Singh Dalal petitioned the SC challenging the HC order of quashing the chargesheet. The petitioner contended that that HC had erred in holding that FIR number 20 of October 18, 2005, registered at State Vigilance Bureau’s, Hisar police station did not pertain to the selection of the petitioners (the eight HCS officers).
The petitioner contended that the judgement passed by the HC quashing the final report (ACB chargesheet) of June 30, 2023, filed in FIR number 20 of October 18, 2005, was erroneous and without any application of proper legal mind. “There exists cogent, reliable and unimpeachable evidence against the private respondents (HCS officers), herein, amongst others for having committed, aided, abetted and above all benefitted from acts of forgery, using illegal means in the examination, over-writing during the course of examination and evaluation thereof,’’ reads the petition.
An apex court bench of Justice Vikram Nath and justice Sandeep Mehta on March 25 issued notice to the Haryana government, ACB and eight HCS officers returnable within four weeks while ordering a stay on the “effect and operation of the impugned order(s) passed by the high court.”
Dalal in his petition submitted that he has initially filed a writ petition before the HC in 2002 bringing to light the “widescale fraudulent malpractices and irregularities committed during the conduct of the HCS examination (executive branch) and other allied services” wherein the wards and relatives of VIPs and other high officials were accommodated to such posts bypassing other eligible and deserving candidates. Hence, the petitioner had demanded an inquiry into the functioning of the HPSC by the CBl and sought quashing of the entire selection process made vide advertisement number 5 of 1999, reads the petition.
www.hindustantimes.com
#HCS #selections #Supreme #Court #stays #order #quashing #chargesheet
