Relief for HCS officer: HC stay on chargesheet clears IAS path
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Chandigarh: In a major setback to the state vigilance bureau of Haryana, the Punjab and Haryana high court has stayed a chargesheet filed by the bureau against a Haryana Civil Service (HCS) officer, who was facing prosecution in connection with irregularities in the selection of 2001-batch HCS officers.
This order paves the way for the elevation of the officer, Jagdeep Dhanda, into the coveted IAS under the state's promotion quota. The HC has also issued a notice to the Haryana govt seeking the state's reply on the officer's plea to quash the criminal proceedings.
In his plea, Dhanda contended that the entire sequence shows that it was only to exclude him from the process of selection to the IAS cadre that he was included as an accused in the charge sheet, though none of the ingredients of the alleged offences are established against him.
"State counsel accepts notice on behalf of the state and seeks time to file a detailed reply to the petition… In the meanwhile, operation and effect of the impugned charge sheet, dated June 30, 2023, qua the petitioner shall remain stayed," the HC ordered.
Justice Tribhuvan Singh Dahiya passed these orders while hearing the petition filed by HCS officer Jagdeep Dhanda.
Counsels representing the petitioner, senior advocate Gurminder Singh and advocate Inder Pal Goyat, submitted that there was no material before the investigating agency to conclude against the petitioner, nor have any been referred to.
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The counsels also relied upon the opinion given by the advocate general, dated Nov 24, 2023, in the matter that the said FIR had no bearing on consideration of the select list for promotion to the IAS cadre.
Based thereupon, the petitioner was issued an integrity certificate for the purpose, and the same was sent to the UPSC also, the HC was informed.
However, the counsel representing the state contended that the petitioner remains an accused in the charge sheet filed and, therefore, has no right to be considered for promotion.
The matter has now been fixed for August 22 for further hearing.
Wide Ramifications
Although the order has been passed by the HC on one officer's plea, the order would also have ramifications on other officers who were also charge-sheeted in the same case and are in line for promotion to the IAS. Several officers of the 2001 batch have been charge sheeted by the SVB under the Prevention of Corruption Act. Some of such officers are Sarita Malik, Kamlesh Kumar Bhadoo, Kuldhir Singh, Vatsal Vashisht, Veena Hooda, Surender Singh, Jag Niwas, and Ranjit Kaur (now retired).
The Case
The state vigilance bureau (SVB, now ACB) Haryana submitted a charge sheet against 29 persons, including the then HPSC chairman, members, examiners of the commission, and some of the HCS officers of the 2001 batch, pointing to massive irregularities in the selection of this provincial state civil services examination held during the then INLD regime led by Om Prakash Chautala. The trial of the case is pending at the district court in Hisar.
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