HC quashes charge sheet against Khanna
Tribune News Service

CHANDIGARH, Dec 21 — The Punjab and Haryana High Court today quashed the charge sheet served by the Punjab Government on Mr V.K. Khanna, former Chief Secretary, who now holds the post of Presiding Officer of the Sales Tax Tribunal.

Mr Justice Jawahar Lal Gupta and Mr Justice N.C. Khichi, who delivered this judgement, also quashed the inquiry ordered by the state government against Mr Khanna. The Judges observed: "Even though a writ court does not normally intervene to stall an inquiry or to even quash a charge sheet, however, in the present case we are satisfied that silence shall not be the right option. When things are ill done, a silence is a sin. The present case falls in the category of the rarest of the rare cases where the court should intervene to prevent infliction of injustice."

Pronouncing the judgement in a crowded courtroom, Mr Justice Gupta said: "The procedure of ‘in camera’ proceedings as adopted by the Inquiry Officer was wholly unfair. What was there to hide? Only dark deeds need the cover of darkness. Otherwise, sunlight is the best antiseptic. Transparency is the best safeguard against all allegations". There was a denial of reasonable opportunity to the petitioner as he was not given copies of the documents or permission to inspect the record. The action was violative of the principles of natural justice.

The Judges upheld Mr Khanna's decision to entrust to the C.B.I. two cases for investigation. The first of these cases related to the "amassing of assets disproportionate to the known means of income by Mr Bikramjit Singh, a senior I.A.S. officer of Punjab. The second case was about the "allotment of land and funds to the Punjab Cricket Association."

Speaking for the Bench, Mr Justice Gupta held: "Duty is like debt. It must be discharged without delay or demur. The petitioner had done so. The impending change in government had not deterred him from doing his duty. Even fear of possible censure had not diverted him from the righteous path. He had not bothered about what lay dimly at a distance. He had dealt with what was clearly at hand. For this, the petitioner deserved a pat and not persecution. We are satisfied that the respondents' action in issuing the impugned charge sheet against the petitioner is like using a hammer to swat a fly on his forehead.

Mr Justice Gupta added: "Man cannot choose his birthplace; nor his parents, nor his role. These are purely divine prerogatives. However, playing the assigned role well is within Man's reach. Having done it Mr Khanna should be entitled to sit back with satisfaction. In the present case, we are satisfied that the petitioner had merely carried out the orders given to him by the then Chief Minister faithfully and promptly. He had not acted mala fide. There was no vendetta. There was no violation of the prescribed norms or procedure. The petitioner had committed no default so as to deserve any damage to his career or reputation."

Condemning those who were instrumental in getting Mr Khanna charge-sheeted and the inquiry ordered, the Judges held: "The respondents seem to have the eagle's eye to see faults in others. The need to have a look at themselves before pointing an accusing finger at the petitioner. Had they been faultless, they would not have been so annoyed with him.

"The respondents are merely talking of principles", the Bench held and added: "In fact, they are acting on interest. The charge sheet was not issued to the petitioner in a bona fide exercise of power. It was calculated to create a defence. A tooth for a tooth is an old rule. In the present case the respondents are looking for gold in the petitioner's teeth."