HSWC recruitment row: Court stays Khemka arrest, asks him to join probe

The bench of Justice Avneesh Jhingan also issued a notice to the state of Haryana and asked Khemka to join the investigation whenever called for.

Khemka had moved the HC seeking quashing of an FIR registered against him on April 20 under Section 13 (criminal misconduct by public servant) of the Prevention of Corruption Act and Section 420 (cheating) of Indian Penal Code at Panchkula’s Sector 5 police station on a reference sent by 2004-batch IAS officer Sanjeev Verrma, who is also the incumbent MD of the HSWC. Verma, in his reference, had alleged irregularities in the recruitment of two manager Grade-I officials (a class-III post) in HSWC in 2010. Both the officials, Pradip Kumar and Surinder Singh were dismissed from service by Verma on April 20.

Khemka through his counsel, Senior Advocate RS Cheema with Tanu Bedi and Shreenath A Khemka, contended in the HC that the FIR was legally null and void as it was registered without the prior approval under section 17A of the Prevention of Corruption Act 1988. They argued that the allegations in the FIR, even if taken to be the gospel truth, did not constitute any offence under any penal provision, especially when eligibility of candidates was determined by a screening committee and selections were finalized by the executive committee.

Issuance of appointment letters by Khemka was merely a follow-up ministerial act, and therefore singling him out demonstrated mala fide, they argued.

The lawyers contended that the same allegations had already been thrice enquired into by the police in 2016, 2017, and 2018, and no cognizable or any other offence was made out. Also enquiry in the present case started in April 2020 and no sanction as contemplated under Section 17-A of the Prevention of Corruption Act, 1988 was obtained.

Hearing the matter, Justice Avneesh Jhingan, ordered, “Considering that as per the amended provisions, no enquiry/inquiry or investigation can be initiated without prior sanction, arrest of the petitioner is stayed. However, he shall continue to join investigation if called for.” The HC also issued a notice to the Haryana government for August 4, the next date of hearing.

Earlier, an hour after it booked Khemka and three others, the Panchkula Police had registered another FIR — on charges of criminal conspiracy and fabrication of official documents — against 2004-bathch IAS officer Sanjeev Verma on former’s complaint.

Meanwhile, Verma has written to the state government seeking to transfer the FIRs registered against him by Khemka (FIR no. 171) and the one registered against the senior IAS officer on his (Verma’s complaint) (FIR no. 170), to the CBI for probe.