HCS (Judicial Branch) preliminary exam question paper leak: Punjab and Haryana High Court recommends Balwinder Kumar Sharma’s dismissal from service

Saurabh Malik

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Chandigarh, August 14

The Punjab and Haryana High Court has on the administrative side recommended then Registrar (Recruitment) Balwinder Kumar Sharma’s dismissal from service.

The recommendation by the full court came seven years after a candidate filed a petition seeking probe into the purported leakage of the HCS (Judicial Branch) preliminary examination question paper.

Available information suggests the findings of an inquiry into the matter were placed before the full court for deliberations, which took the decision during its meeting.

The Delhi High Court on December 14 last year had dismissed Sharma’s petition challenging an order passed by the trial court on January 31, 2020, framing charges.

Justice Dinesh Kumar Sharma of the Delhi High Court had at that time ruled that the record indicated the petitioner was in possession of the question paper immediately before the alleged leak.

The case was of a very sensitive nature and the evidence required to be led for proving the case was either digital or documentary in nature.

“I do not find any illegality, infirmity or perversity in the order of the trial court. Hence, the present petition along with pending applications stands dismissed,” the Judge had added.

Among other things, UT Additional Public Prosecutor Charanjit Singh Bakhshi had then told the Bench that Sharma’s role was, at length, inquired into by the then Registrar (Vigilance). The examination for filling up 109 posts in the subordinate judiciary was conducted in July 2017. A Punjab and Haryana High Court committee, through Haryana Public Service Commission, invited application for filling up the posts.

Soon after the examination was conducted, candidate Suman filed a petition for registration of a criminal case to uncover the alleged scam. Suman alleged that she was contacted by two other candidates, Sushila and Sunita, claiming they had the examination paper. Suman also alleged at least two questions were disclosed to her a day prior to the examination. It was further alleged that Rs 1 crore was demanded, but she declined.

Taking up the matter in its initial stages, Justice Kuldip Singh of the high court here observed that Sunita topped in the general category with exceptionally high marks. Sushila, too, topped in the reserved category, again with exceptionally high marks. Both had committed minimum errors.

Additional District and Sessions Judge-rank officer, Sharma was later recommended for transfer from the post. The “HCS (Judicial Branch) Preliminary Examination 2017” was, subsequently, scrapped.

Timeline

August 2017: High court orders stay on declaring HCS (Judicial Branch) preliminary examination result after taking note of topping by two candidates facing allegations of leakage of paper for money

September 2017: High court directs registration of an FIR against Balwinder Kumar Sharma and others

January 2018: Charge sheet is filed before trial court against Sharma and co-accused Sunita after completion of investigation. Thereafter, four supplementary charge sheets were filed before the trial court against other co-accused

January 2020: High court directs the trial court to consider the framing of charges against the accused, following which charges are framed vide impugned order dated January 31, 2020

February 2021: Supreme Court transfers the case ‘State versus Sunita and others’ from a Chandigarh court to Delhi