Haryana: IAS promotions: UPSC unlikely to consider HCS officers facing trial

Hindustan Times

09-07-2025

The Union Public Service Commission (UPSC) is unlikely to give its nod to appoint eight Haryana Civil Services (HCS) officers, currently facing trial in a corruption case, to the Indian Administrative Service (IAS) by way of promotion in view of the restrictions imposed by central rules and Supreme Court orders. Despite this, the state government is pushing for their appointment to the IAS even as the UPSC had in the past expressed reservations. A meeting of the selection committee headed by a UPSC functionary to consider the names of 48 HCS officers, including the eight officers facing trial, for appointment to 27 posts of IAS by promotion, is scheduled for July 14 in New Delhi. (HT File)
A meeting of the selection committee headed by a UPSC functionary to consider the names of 48 HCS officers, including the eight officers facing trial, for appointment to 27 posts of IAS by promotion, is scheduled for July 14 in New Delhi.
The state anti-corruption bureau had on July 4, 2023, presented a chargesheet in the court of Hisar sessions judge, Dinesh Kumar Mittal, arraigning eight HCS officers of 2002 batch as accused. They are Veena Hooda, Surender Singh-1, Jagdeep Dhanda, Sarita Malik, Kamlesh Bhadoo, Kuldhir Singh, Vatsal Vashisht and Jag Niwas. They were arraigned in a case pertaining to alleged irregularities and malpractices by the Haryana Public Service Commission (HPSC) in the recruitment process of 2001 HCS and Allied Services (executive branch) examination. A total of 29 persons including six former HPSC functionaries, four allied services officers and nine paper checkers were also arraigned in the chargesheet.
What does the appointment rules stipulate?
Rule 5(5) of the IAS (Appointment by Promotion) Regulations stipulated that the name of an officer included in the list of officers will be treated as provisional if any departmental or criminal proceedings are pending against him. 'The proceedings shall be treated as pending only if a chargesheet has actually been issued to the officer or filed in a court,'' reads the explanation to the Rule. Likewise, Rule 7(3) said that if an officer included in the select list is issued with a chargesheet or a chargesheet is filed against him in a court of law after his inclusion, then his name in the select list shall be deemed to be provisional. In a nutshell, it means that officers against whom criminal proceedings are pending cannot be considered for promotion to the IAS unless exonerated by the court.
The select list is a roll of officers recommended for induction into IAS. The selection committee headed by UPSC chairman or his representative and comprising chief secretary, the senior most IAS officer in the state, head of general administration, personnel or revenue department and two nominees of Central government will prepare a list of HCS officers who are found suitable for promotion to the IAS. If these eight HCS officers are not considered for promotion being provisionally included in the select list, then 40 officers will be in the zone of consideration for promotion to 27 posts. This will include four HCS officers from 2002 batch, one from 2003, 13 from 2004 batch and 22 from 2011 batch.
State's justification to push for promotion of eight officers
The state government earlier this year had made a last-ditch effort to get the eight officers promoted by taking legal opinion from Haryana advocate general (AG). The opinion centred around defining the expression 'charge-sheet' filed in a court of law.
Officials said the AG is of the opinion that the expression chargesheet mentioned in Regulations should not be construed as the 'report of the police officer on completion of investigation' under section 173 of the CrPC. It implied that the report presented in court under section 173 of the CrPC, arraigning the eight HCS officers as accused, does not create hindrance to their promotion, said an official.
Since the trial court has not framed charges against the officers, the government believes they can be considered for promotion, said another official.
Solicitor general demolished state's argument
The UPSC also took legal advice from the solicitor general who demolished the state government's argument by concluding that a report filed by the police officer on completion of investigation under section 173 of the CrPC is a 'chargesheet' filed in a court of law, implying that officers against whom a chargesheet has been filed in a court will not be considered for promotion as their names will be treated as provisional in accordance with the Regulations.
Chargesheet is a police report under section 173(2): SC
The Supreme Court in a March 12, 2024, judgement in Dablu Kujur case had explained that a chargesheet is nothing but a final report of the police officer under Section 173(2) of the CrPC. It is an opinion or intimation of the investigating officer to the court that on the material collected during the course of investigation, an offence or no offence appears to have been committed by a particular person, the top court said.
Punjab and Haryana high court lawyer Vikram Jain said how can these officers be considered for promotion when their original appointment is under cloud.