Saurabh Malik

Tribune News Service

Chandigarh, August 6

Hemant Gopal, Additional District and Sessions Judge-cum-Special Judge, CBI, Patiala, has been “found guilty of grave misconduct” by an inquiry officer-cum-District and Sessions Judge, Panchkula. Yet, the Punjab and Haryana High Court has allegedly not taken a final decision in the matter, Justice Arvind Singh Sangwan’s Bench was today told.

Taking up the matter, Justice Sangwan asked the Registrar-General to file a status report. He has been asked to explain why final decision has not been taken against the judicial officer on the basis of the inquiry report. The direction came after senior advocate SK Garg Narwana told Justice Sangwan’s Bench on behalf of a convict that Gopal was found guilty vide an inquiry report dated March 31, 2018. Despite a lapse of three years, the High Court had not taken a final decision on the inquiry pending against him.

Justice Sangwan was hearing the second application filed by Mangat Rai for staying the operation of judgment of conviction dated April 20, 2013. Appearing before Justice Sangwan’s Bench, Narwana submitted that the first application was dismissed on October 22, 2013. But the applicant-appellant moved the present application due to changed circumstances.

Elaborating, Narwana submitted Gopal had passed the impugned judgment of conviction and order of sentence in the applicant’s matter. Under suspension with headquarters at Faridkot, the officer was found guilty on Rai’s complaint

Narwana also referred to another inquiry, vide which Sushil Kumar, law officer, Department of Legal and Legislative Affairs, was also chargesheeted as “a conduit, who facilitated the payment of illegal gratification”. He was found guilty in a departmental inquiry and stood dismissed from service. Narwana added it was an established fact that Gopal had accepted illegal gratification of Rs 40 lakh from co-accused Parminder through Sushil Kumar and demanded Rs 1 crore from the present applicant-appellant and others. “Parminder Singh was acquitted because he paid gratification of Rs 40 lakh, whereas the applicant-appellant and other accused were convicted as they did not pay any amount to him”.

Before parting, Justice Sangwan issued notice on the application, which was accepted on CBI’s behalf by advocate Shubhra Singh. “In the meantime, the Registrar-General of this court is directed to submit a status report as to why no final decision has been taken against the said officer on the basis of the inquiry report dated March 31, 2018,” Justice Sangwan concluded.