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HCS Paper Leak: Punjab and Haryana High Court refuses to stay disciplinary proceedings against Registrar

Saurabh Malik

Press Reporter News Service

Chandigarh, June 1

The Punjab and Haryana Excessive Court docket has dominated {that a} division can’t be anticipated to attend endlessly for the trial in a felony case to conclude.

The ruling got here as a Division Bench refused to remain disciplinary proceedings within the HCS paper leak case towards Balwinder Kumar Sharma, Extra District Decide posted as Registrar (Recruitment).

The Bench of Justice Jaswant Singh and Justice Sant Parkash noticed that expenses have been framed towards the petitioner primarily based on the truth that a query paper of HCS (Judicial Department)-2017 was leaked by him following his intimacy with one Sunita.

She, in flip, gave it to different co-accused, resulting in parting of Rs 1.5 crore by the complainant-candidate. These allegations had led to the framing of expenses for dishonest, felony breach of belief and different offences below Sections 409, 420, 120-B and 201 of the IPC and provisions of the Prevention of Corruption Act.

The Bench noticed that the petitioner, being a judicial officer holding the rank of an Extra District Decide and posted as Registrar (Recruitment), was required to have the best requirements of propriety and ethical conduct. The petitioner’s name particulars confirmed 726 calls and 34 messages made between him and accused Sunita, who by the way was a topper within the HCS (Judicial) preliminary examination. “This, prima facie, displays in the direction of a conduct not behoving the submit that the petitioner was holding.”

The Bench added a cost within the “Articles of Cost” confirmed that the disciplinary authority additionally charged the worker for immoral conduct and, thereby, violating the Authorities Workers (Conduct) Guidelines, 1966, as he had allegedly developed intimate relations with Sunita.

He was additionally charged with failing to keep up absolute integrity as anticipated from a judicial officer. These expenses, by no stretch of creativeness, could possibly be gone into or punished by the Prison Court docket.

Referring to a judgment within the case of “Capt M Paul Anthony”, the Bench added the departmental proceedings could possibly be proceeded with for arriving on the conclusion on an early date, the place there was delay within the disposal of a felony case.

The Bench added: “The burden of proof, and the way during which allegations are to be proved, are totally different for felony trial and disciplinary proceedings. The petitioner has been drawing wage, being an worker below suspension. It’s neither fascinating, nor advisable, for any court docket of regulation, in view of the character and gravity of allegations, to drive an employer to proceed paying an worker which the institution

doesn’t deem match to proceed as its half by stalling the conclusion of departmental proceedings.” The Bench additionally refused to order expediting the felony trial slightly than the continuation of the departmental proceedings. 

‘Highest requirements of propriety wanted’

The Bench noticed that the petitioner, being a judicial officer holding the rank of an Extra District Decide and posted as Registrar (Recruitment), was required to have the best requirements of propriety and ethical conduct… “This, prima facie, displays in the direction of a conduct not behoving the submit that the petitioner was holding.”

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