High Court stays IAS officer Ashok Khemka's arrest in Haryana recruitment 'scam'
Chandigarh, May 17
The Punjab and Haryana High Court today stayed the arrest of senior IAS officer Ashok Khemka in a corruption case. The direction by Justice Avneesh Jhingan of the High Court came after the Bench was told that inquiry or investigation could not be initiated without prior sanction in accordance with the amended provisions of the Prevention of Corruption Act.
Issuing notice of motion for August 4 to the State of Haryana and other respondents on his plea, Justice Jhingan made it clear that Khemka would continue to join investigation “if called for”. As the petition came up for preliminary hearing, senior advocate RS Cheema with counsel Tanu Bedi, among other things, submitted that inquiry in the case started in April 2020. But sanction as contemplated under Section 17-A of the Prevention of Corruption Act was not obtained.
Khemka was seeking the quashing of FIR registered on April 26 under Section 13 of the Act and 420 of the IPC on at least four counts. His argument was that the FIR was a legal nullity as it was registered without prior approval under Section 17-A of the Act.
The allegations in the FIR, even if were taken to be gospel truth, did not constitute any offence under any penal provision, especially when eligibility of candidates was determined by a screening committee, and the selections were finalised by the executive committee. Issuance of appointments by the petitioner was merely a follow-up ministerial act. As such, singling him out demonstrated mala fide.
The same allegations had already been thrice inquired into by the police in 2016, 2017, and 2018, and no offence was found out, he contended. The case revolves around alleged irregularities in recruitment in Haryana State Warehouse Corporation during his tenure as its MD over 12 years ago.
