Gurugram: Three years after an FIR was registered against now-retired IAS officer Ashok Khemka, Panchkula police have initiated the process for its cancellation, a month after Haryana government declined to grant ex-post facto approval for the same.
The FIR in question was lodged by IAS officer Sanjeev Verma against Khemka when they were locked in a tussle over an alleged corruption case. Khemka then lodged a counter-FIR against Verma. Both the FIRs were lodged on 20 April, 2022.
A similar outcome is anticipated for the FIR against Verma—again, due to the Haryana government’s refusal to allow prosecution.
“The government’s sanction is necessary to prosecute a public officer, but it has not been received in either of the two cases,” Rupesh Chaudhary, station house office (SHO) of Panchkula’s Sector 5 police station confirmed to ThePrint.
Chief Minister Nayab Singh Saini, the competent authority, has reportedly approved the denial of the sanctions.
Known for his frequent transfers and whistle-blower stance, Khemka, a 1991-batch IAS officer, retired as additional chief secretary (transport) in April.
Verma, a 2004-batch IAS officer, is currently director-general of the Haryana sports department, as well as the commissioner, Ambala division.
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How tussle unfolded
The long-standing dispute between Verma and Khemka stems over recruitments at the Haryana State Warehousing Corporation (HSWC). Verma, on joining as managing director (MD) of the HSWC in April 2022, recommended a criminal case for alleged irregularities in the HSWC appointments made during Khemka’s tenure more than a decade earlier.
Based on the complaint of Ravinder Kumar, the police filed FIR No. 170 against Khemka and three other former HSWC officials under Section 420 of the erstwhile Indian Penal Code (IPC) about cheating and sections of the Prevention of Corruption Act (PCA).
Later, Khemka, accompanied by the then home minister of Haryana, Anil Vij, met senior police officers in Panchkula. Subsequently, FIR No. 171 was registered on Khemka’s complaint against Verma and Kumar for allegedly tampering with records and hatching a conspiracy with “revenge and corrupt motive”.
Additionally, Khemka accused Verma of leaking official documents to journalists and alleged “material distortions and concealment” in the police complaint filed against him.
Verma, however, denied the allegations.
Refusal of sanction for prosecution
Sanction for prosecution is a critical factor in cases registered under the Prevention of Corruption (Amended) Act, 2018. Section 17A mandates prior approval for any inquiry or investigation into offences committed by a public servant in discharge of official functions.
Khemka had moved the Punjab & Haryana High Court to quash the FIR registered against him. The FIR, his lawyer contended, was “legally null and void” as it was registered without the prior approval under Section 17A of the PCA.
The Haryana government informed the court that it had not granted sanction to any FIR under Section 17A, leading to the disposal of the case against the retired IAS officer on 29 November, 2022. The court also told Khemka that a 10-day notice was required if further proceedings were initiated against him.
Separately, the HC restrained the police from filing a challan in FIR No. 171 against Verma—without its permission—on 6 July 2022, with the matter still pending.
Meanwhile, Verma expressed concerns about the addition of the PCA sections in FIR No. 171 and called for the handover of both the FIRs to the Central Bureau of Investigation (CBI), citing perceived pressure on the police.
With the cancellation of the FIR against Khemka and the strong likelihood of the same happening in Verma’s case due to the lack of a government sanction, this high-profile bureaucratic saga appears to be drawing to its close without any formal prosecution
(Edited by Viny Mishra)