Haryana's Home Minister Anil Vij has recommended that sanction for investigation "may be denied" in a case registered against senior IAS officer Ashok Khemka by the State Warehousing Corporation in a 12-year-old matter.
A 1991-batch IAS officer, Khemka has been transferred over 50 times in his three-decade-long career and often alleged that he was targeted for being honest and speaking out against corruption.
Vij has, however, recommended sanction for investigation in an FIR registered on Khemka's complaint earlier this year against the then MD of the corporation Sanjeev Verma, also a senior IAS officer.
Hours after Verma lodged the complaint against Khemka on April 20, Khemka had filed the complaint against the former on charges of criminal conspiracy and fabrication of official documents.
Interestingly, the Haryana government on Tuesday allowed the state vigilance and police department to proceed with an inquiry against a public servant without seeking prior approval when the alleged act of the public servant is "ex-facie" criminal in nature, that is, where IPC offences are registered along with offence under the Prevention of Corruption Act.
In trap cases, prior approval under Section 17-A of PC the Act will not be required.
The Panchkula police had booked Khemka, currently an additional chief secretary-rank officer, on the basis of a complaint given on April 20, 2022 by HSWC MD Sanjeev Verma, alleging irregularities in the recruitment of two officials in the warehousing corporation during Khemka's tenure as its MD over 12 years ago.
The alleged irregularities pertain to appointments made during Khemka's tenure as MD between October 2009 and January 2010. The case was lodged under section 420 of the IPC and Section 13 of the Prevention of Corruption Act.
Vij observed that the allegations do not make out any offence and do not bring forth an account of dishonest intention, which is necessary to construct an offence under Section 13 of the PC Act.
The home minister said that prior approval of the competent authority is a must before registering an FIR under the PC Act, while relying on the state advocate general's legal opinion in another similar matter.
"Hence, sanction under Section 17A of PC Act in FIR 170 may be denied," Vij has recommended in his note.
Vij has recommended sanction for investigation in the FIR registered on Khemka's complaint earlier this year alleging a false and mischievous complaint against him at HSWC MD and IAS officer Sanjeev Verma's behest pertaining to the over 12-year-old matter.
The case was lodged under various Indian Penal Code (IPC) sections including 120-B (criminal conspiracy), 167 (public servant framing an incorrect document with intent to cause injury) and 211 (false charge of offence made with intent to injure).
The police had added an offence under section 13 of the PC Act in the FIR registered on Khemka's complaint at a later stage during the investigation.
"FIR No 171 was first registered under various Sections of the IPC. Hence, no prior sanction from the state government is required to investigate FIR No 171.
"Section 13 of the PC Act has been added at a later stage by the police. Prior sanction to investigate alleged offence under Section 13 of the PC Act in FIR No 171 may be accorded," Vij has recommended.
Meanwhile, the chief minister has ordered that the recommendation of the state home minister be routed through the chief secretary.
