What’s the controversy behind Nayab Saini govt’s decision to promote 27 HCS officers to IAS

The list of 27 Haryana Civil Services officers who are being promoted includes 12 from the 2002 HCS batch, one from the 2003 batch, and 14 from the 2004 batch.

Haryana Public Service Commission | Photo: hpsc.gov.in

Gurugram: The Haryana government’s decision to promote 27 Haryana Civil Services (HCS) officers to the Indian Administrative Service (IAS) after years of delay has sparked a fresh controversy following objections raised by senior Congress leader Karan Singh Dalal.

Dalal, a former minister and a five-time MLA from the Palwal assembly seat, has written to President Droupadi Murmu alleging there is substantial prima facie evidence of corruption against the 2002 HCS batch officers being considered for promotion and a case in this regard pending before the Punjab and Haryana High Court.

The list of 27 HCS who are being promoted includes 12 officers from the 2002 HCS batch, one from the 2003 batch, and 14 from the 2004 batch.

In his letter dated 4 March, seen by ThePrint, Dalal urged President Murmu to intervene and prevent the elevation of these officers, whose promotions have been rejected thrice by the Union Public Service Commission (UPSC) in the past due to integrity concerns.

The recruitment of HCS officers in 2002 has been under the scanner for nearly two decades. Dalal and some candidates who were not selected had challenged the selection process in the Punjab and Haryana HC, alleging large-scale irregularities and favoritism at the behest of then Chief Minister Om Prakash Chautala. The allegations included manipulation of marks, tampering with answer sheets, and nepotism.

The case, Karan Singh Dalal and Others Vs State of Haryana and Others, will be heard by the Punjab and Haryana HC on 10 March.

Triggers a ripple effect

While the promotion of 2002, 2003 and 2004 batches to the IAS is still pending, HCS officers with lower seniority have already been promoted. Since the officers of the intervening batches have already been promoted in the HCS gradation list, after the last officer of the 2004 batch, Naveen Kumar Ahuja, the next officer after pending promotion is Manisha Sharma of the 2011 batch.

This legal entanglement not only impacted the 2002 batch but also triggered a ripple effect, halting the promotion pipeline for officers from the 2003 and 2004 batches.

In June 2023, President Murmu granted approval to prosecute former Haryana Public Service Commission (HPSC) chairperson K.C. Bangar and 13 former commission members under the Prevention of Corruption Act. The allegations against them pertained to abuse of official authority in recruitment examinations conducted by the HPSC under the Indian National Lok Dal (INLD) government, when Om Prakash Chautala was the CM.

The Haryana government had sought sanction for prosecution on 14 December 2022, based on the findings of the state vigilance bureau (now known as the anti-corruption bureau).

The case involved alleged irregularities in the 2001 and 2004 Haryana Civil Services (executive branch) and allied services examinations, as well as selections of assistant professors and lecturers for Chaudhary Devi Lal Memorial Engineering College, Panniwala Mota, Sirsa.

The vigilance bureau had registered the FIR on 18 October 2005 at its Hisar police station following its investigation.

Government’s decision to clear promotions

Despite the pending cases, Chief Minister Nayab Singh Saini recently approved the promotion of the 27 HCS officers to IAS.

The decision followed legal advice from former Advocate General Baldev Raj Mahajan, who said that merely the registration of criminal cases without conviction could not be grounds to deny promotion.

A senior government officer confirmed to ThePrint that with the Chief Minister’s approval, the state government will forward the names to the UPSC, which will make the final decision on their induction into the IAS.

However, Dalal’s letter and the pending criminal proceedings are likely to cast a shadow over the promotions.

Dalal alleges political patronage

Dalal has accused the Haryana government of shielding corrupt officers under political pressure. His letter claims that the same tainted officers whose names were rejected by the UPSC on three previous occasions have now been recommended again with the Haryana government’s active collusion.

“The fact that their selection is tainted and smeared with favoritism is evident from the pendency of writ petition before the Hon’ble Punjab and Haryana High Court and also criminal proceedings under The Prevention of Corruption Act arising out of an FIR which was investigated by the Haryana Vigilance Bureau.”

“However, ignoring the above-said factual position, the Government of Haryana has forwarded their names to the UPSC so as to be promoted as IAS officers by completely brushing aside the necessity of issuing Integrity Certificate in accordance with law and rules,” Dalal alleged.

He also alleged that the government disregarded the legal opinion of the state’s legal remembrancer, who had advised against issuing integrity certificates to these officers.

“It is clear that these officers enjoy the patronage of the higher-ups in the government. The unlawful promotions will severely erode public trust in the administration,” Dalal wrote.

(Edited by Sanya Mathur)