Why trial court discharged IAS officer Jaibir Singh in corruption case

A Panchkula trial court on November 12 discharged 2009-batch IAS officer Jaibir Singh Arya in a corruption case related to an alleged bribe sought for the posting of a woman officer in the Haryana State Warehousing Corporation (HSWC) in 2023.

The discharge followed the state government’s refusal to grant prosecution sanction. The denial of sanction may have implications for other cases involving alleged bribes routed through middlemen on behalf of senior officials.

What were the allegations against Arya?

Rajesh Kumar, a resident of Kurukshetra, approached the Anti-Corruption Bureau (now the State Vigilance and Anti-Corruption Bureau) claiming that a bribe was being demanded for the posting of his wife, Rinku Hooda, then Assistant Manager (Quality Control), HSWC.

Rinku was on childcare leave from April 4 to September 30, 2023, and had applied for an 18 months’ leave, which IAS officer Jaibir Singh Arya, then Managing Director of HSWC, declined. She was also informed she might be transferred to Rewari or another distant posting.

District Manager, HSWC Panipat, Sandeep Ganghas, a batchmate of Rinku, allegedly told Rajesh Kumar that she could be posted as District Manager, Kurukshetra, after paying a bribe to Arya. He claimed he knew Arya well.

Who were the other accused in the case?

According to the FIR, Ganghas allegedly told Rajesh Kumar that Arya had demanded Rs 5 lakh, but the amount had been negotiated to Rs 3 lakh. The bribe was allegedly to be routed through Rajesh Bansal, then GM at CONFED, Panchkula. Ganghas claimed Bansal handled Arya’s dealings. As per the alleged arrangement, Rinku was posted as District Manager, Kurukshetra, on October 5, 2023, and she joined the next day.

Ganghas then allegedly directed Rajesh Kumar to pay Rs 3 lakh to Manish Sharma at Shop No. 82, Industrial Area Phase-2, Panchkula. The ACB stated that Bansal was to collect the bribe from Sharma and pass it to Arya.

During an ACB raid on October 11, 2023, Manish Sharma was caught red-handed and Rs 3 lakh in bribe money was recovered. Arya was arrested the same day.

How long did Arya remain in custody?

Arya was arrested on October 11, 2023, and granted regular bail on November 28, 2023. He remained in jail for over one-and-a-half months.

Why did the government deny prosecution sanction?

A state personnel department order dated September 30 denied prosecution sanction. It concluded that the available material did not contain evidence “qua the demand of bribe or undue advantage by Jaibir Singh Arya, IAS… and do not prima facie establish the demand of bribe… either directly or otherwise and acceptance of same on his behalf by his co-accused”.

It noted that the complainant never alleged meeting Arya or speaking with him on the phone regarding the posting. There was also no link established between Manish Sharma, caught with the money, and Arya.

The order further stated that prior approval under Section 17A of the Prevention of Corruption Act was not obtained before initiating the investigation against a public servant for acts connected to official duties. It added that the trap case against Arya had failed.

Why did the court discharge IAS Arya?

Under Section 19 of the Prevention of Corruption Act, prosecution sanction from the competent authority is mandatory before a court can take cognisance of offences against a public servant. Without sanction, proceedings cannot continue.

On November 12, DSP Vijay Kumar of the State Vigilance and Anti-Corruption Bureau informed the Panchkula court that sanction had been granted last year against co-accused Sandeep Ghangas, but the Chief Secretary’s office had declined sanction against Arya. Sanction against Rajesh Bansal was still pending.

He further submitted that the investigating agency was not inclined to file a challan against Arya. Based on this, the court discharged him. The next hearing in the case is scheduled for January 12.