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Indian Express
27-05-2025
- Politics
- Indian Express
Haryana to ‘push again' for promotion of 27 HCS officers to IAS after UPSC returns file
Days after the Union Public Service Commission returned a Haryana government proposal for the elevation of 27 Haryana Civil Services (HCS) officers to the Indian Administrative Service (IAS) officers, senior officials have indicated that 'the state government will give it another shot, factoring in concerns raised by the Commission'. The state government sent the proposal to the UPSC in March, seeking promotions to 27 HCS officers of 2002, 2003 and 2004 batches to the IAS officers, but the Commission returned the proposal, pointing out 'pending chargesheets' against eight of the 2002 batch HCS officers, Haryana government sources said. In 2023, the Anti-Corruption Bureau (ACB) filed a chargesheet in a Hisar court, alleging irregularities in the recruitment of the 2002 batch of HCS officers, impeding the promotion of several HCS officers for the past few years. However, on Monday, a Haryana government officer said, 'The UPSC has only returned the proposal, but has not taken a final call on it.' Indicating that 'the proposal will be sent again' to the UPSC, the officer said, 'The matter is under consideration to put up a fresh proposal before the chief minister for his approval.' The state has three vacancies for the 2020 batch, four for the 2021 batch, eight for the 2022 batch, 10 for the 2023 batch and two for the 2024 batch. Following a legal opinion, the state government conveyed to the UPSC in March that 'the term chargesheet cannot be construed as the final form/report submitted under section 173 of the CrPC'. After examining the matter, the UPSC decided to take a legal opinion from the Department of Legal Affairs, and subsequently, the Solicitor General gave his opinion to the commission on May 11. The Solicitor General did not agree with the state government's opinion that a 'chargesheet cannot be constructed as the final report under section 173 C-PC'. 'All the cases where the report under section 173 CrPC is filed, it would be treated as filing of the chargesheets as stipulated in 'Regulations 5 (5) of the lAS Regulations, 1955,' the Solicitor General opined. The Solicitor General also mentioned, 'Section 173 is the stage at which the investigation is complete subject to further investigation which can be conducted under section 173(8) of the code… the term 'chargesheet' is not defined in the CrPc, it is used as a legally acceptable expression for the report under section 173 of the code. In some states, it is also called 'challan'. It is this chargesheet which is contemplated in Regulation 5/5/ of the lAS Regulation, 1955. This is clear from the judgment of the Supreme Court in Gurpreet Singh Bhullar & another versus Union Of India & Others. There are other judicial pronouncements on the subject, also. However, with the issue being well settled, it may not be necessary to multiply the citations.' Given the SG's opinion, the UPSC requested the state government to examine the case and furnish the amended relevant documents so that the proposals for the select lists of 2020 to 2024 are processed further. Another Haryana government officer said, 'The Solicitor General's opinion will be taken into account while drafting a fresh proposal for the promotion of HCS officers.' Earlier, opposing the proposal for the promotion of 2002-batch HCS officers, Congress leader and former minister Karan Singh Dalal in March had sent a letter to the President, seeking her intervention into the matter. In December 2023 too, he had sent a letter to the UPSC chairman, 'opposing' the proposal for the promotion of these officers, adding that the ACB had found the selection of HCS officers of the 2002 batch to be 'tainted'. 'They were also chargesheeted for several offences, including forgery, cheating and corruption. They have been summoned by a Hisar court and are also facing trial,' Dalal had stated. A former MLA from Palwal, Dalal had earlier challenged the 2002 selection process in the Punjab and Haryana High Court when 86 candidates were selected by the HPSC during the Indian National Lok Dal government's tenure. The court had found irregularities in the selection process of 38 candidates and ordered the state Vigilance Bureau (now ACB) to examine the entire case. Dalal had also taken up the issue to the Supreme Court.


Time of India
19-05-2025
- Time of India
Charges pending against Pune Porsche teen's parents, two Sassoon hospital doctors in blood swap case
1 2 3 Pune: City police have completed their investigation into the blood-test manipulation case that is linked to the Porsche Taycan car crash and have filed three chargesheets against the 10 accused, including the teenage driver's parents and two now-suspended senior doctors from Sassoon General Hospital . However, there has been no word yet on the framing of charges by the special court against the accused that will formally mark the start of the trial. The prosecution submitted the draft charges on Oct 25 last year, initially against seven accused and later against another three accused. The framing of charges first got deferred due to the transfer of special judge Uttam Mudholkar to the sessions court at Indapur. Later, the case was transferred to special judge K P Kshirsagar, but the charges could not be framed due to bail/discharge pleas filed by three accused. Special public prosecutor Shishir Hiray said: "The defence lawyers are adopting delaying tactics by filing one application after another for relief. By resorting to such tactics, they are not letting the court frame charges." Hiray added: "For instance, co-accused and Sassoon hospital's (suspended) head of forensic science department Dr Ajay Taware has filed a discharge plea but his lawyer is not proceeding with the matter. We will soon request the judge to hear and decide Taware's plea and the bail pleas moved by two other co-accused." One of the defence lawyers, Abid Mulani, said: "We are exhausting the remedies available to us in law. There are bail pleas pending before the special court and the Bombay High Court which have not been disposed of. The co-accused labour contractor's bail plea was decided after six months. If such is the situation, how can the prosecution claim it's the defence that is delaying or prolonging the matter? The register (roznama) of the daily court proceedings will reflect who is responsible for protracting the matter. " Mulani said the prosecution has not supplied CCTV footage of the Sassoon hospital to the defence and, therefore, there is no compliance of the provisions of section 207 of the Code of Criminal Procedure (CrPc). In view of the non-compliance of the provisions of the CrPc, the charges against the accused cannot be framed, he added Another defence lawyer Sudhir Shah said it is the right of the accused to file a discharge plea. "In our case, the plea is pending before the special court for several months and the hearing has not commenced because of the frequent adjournments taken by the prosecution," Shah said. In the blood test manipulation case , police had arrested the Porsche driver's parents besides Sassoon hospital's Dr Taware, casualty medical officer Dr Shrihari Halnor and mortuary staffer Atul Ghatkamble. Other arrested were two middlemen – Ashfaque Makandar and Amar Gaikwad - and an aviation spares businessman, a labour contractor and his jeweller friend. The teen's mother was released on ad-interim bail by the Supreme Court on April 22. The nine other accused are under judicial custody at the Yerawada central prison. Pune: City police have completed their investigation into the blood-test manipulation case that is linked to the Porsche Taycan car crash and have filed three chargesheets against the 10 accused, including the teenage driver's parents and two now-suspended senior doctors from Sassoon General Hospital. However, there has been no word yet on the framing of charges by the special court against the accused that will formally mark the start of the trial. The prosecution submitted the draft charges on Oct 25 last year, initially against seven accused and later against another three accused. The framing of charges first got deferred due to the transfer of special judge Uttam Mudholkar to the sessions court at Indapur. Later, the case was transferred to special judge K P Kshirsagar, but the charges could not be framed due to bail/discharge pleas filed by three accused. Special public prosecutor Shishir Hiray said: "The defence lawyers are adopting delaying tactics by filing one application after another for relief. By resorting to such tactics, they are not letting the court frame charges." Hiray added: "For instance, co-accused and Sassoon hospital's (suspended) head of forensic science department Dr Ajay Taware has filed a discharge plea but his lawyer is not proceeding with the matter. We will soon request the judge to hear and decide Taware's plea and the bail pleas moved by two other co-accused." One of the defence lawyers, Abid Mulani, said: "We are exhausting the remedies available to us in law. There are bail pleas pending before the special court and the Bombay High Court which have not been disposed of. The co-accused labour contractor's bail plea was decided after six months. If such is the situation, how can the prosecution claim it's the defence that is delaying or prolonging the matter? The register (roznama) of the daily court proceedings will reflect who is responsible for protracting the matter. " Mulani said the prosecution has not supplied CCTV footage of the Sassoon hospital to the defence and, therefore, there is no compliance of the provisions of section 207 of the Code of Criminal Procedure (CrPc). In view of the non-compliance of the provisions of the CrPc, the charges against the accused cannot be framed, he added Another defence lawyer Sudhir Shah said it is the right of the accused to file a discharge plea. "In our case, the plea is pending before the special court for several months and the hearing has not commenced because of the frequent adjournments taken by the prosecution," Shah said. In the blood test manipulation case, police had arrested the Porsche driver's parents besides Sassoon hospital's Dr Taware, casualty medical officer Dr Shrihari Halnor and mortuary staffer Atul Ghatkamble. Other arrested were two middlemen – Ashfaque Makandar and Amar Gaikwad - and an aviation spares businessman, a labour contractor and his jeweller friend. The teen's mother was released on ad-interim bail by the Supreme Court on April 22. The nine other accused are under judicial custody at the Yerawada central prison.


New Indian Express
15-05-2025
- Politics
- New Indian Express
Filed in way that can be quashed later: MP HC criticises FIR against Vijay Shah's remarks on Col Sofiya Qureshi
BHOPAL: Expressing displeasure over the FIR filed against Madhya Pradesh cabinet minister Vijay Shah for calling Colonel Sofiya Qureshi the 'sister of terrorists', the Madhya Pradesh High Court on Thursday said it will monitor the police investigation into the matter. Taking up the matter on priority, a day after the Manpur police in Indore Rural district registered a FIR against Shah under BNS Sections 152, 196(1)(b) and 197(1)(C) on the basis of the HC's Wednesday order, the same division bench of the High Court in Jabalpur, observed on Thursday that the state has complied with the Court's order and registered the FIR. But the FIR has been drawn in a manner so as to assist the suspect to be able to have the FIR quashed on a later date. 'The FIR has been registered in such a manner, leaving sufficient space open so that if it is challenged under erstwhile section 482 of CrPc (section 528 BNSS), the same may be quashed because it is deficient in material particulars of the actions which constitutes each of the specific offences. This is gross subterfuge on the part of the State. The FIR has been drawn in a manner so as to assist the suspect Vijay Shah to be able to have the FIR quashed on a later date,' the division bench comprising Justices Atul Sreedharan and Anuradha Shukla stated in the four-page order. 'The FIR is brief, having gone through the FIR in its entirety, there is not a single mention of the actions of the suspect, which would satisfy the ingredients of the offences which have been registered against him. At this juncture this Court desists from embarking on a journey to find out as to who was responsible in the chain of command of the state police for this clumsy attempt. This Court shall endeavour to find out the same in future proceedings,' the HC added.