Gurugram: The Union Public Service Commission (UPSC), in a significant move, has returned the Haryana government’s proposal to promote 27 state service officers to the Indian Administrative Service (IAS), citing a “charge sheet” against eight 2002 batch officers for alleged malpractices in their initial selection process.
The state government had in March sent a consolidated list of Haryana civil service officers from the 2002, 2003 and 2004 batches. While returning the proposal, the UPSC asked the commission to furnish amended documents so the promotion of other candidates could be proceeded with as per the select list for 2020 to 2024.
The UPSC’s letter, accessed by ThePrint, came in response to Haryana’s recommendation dated 7 March this year which argued that a “charge sheet” does not constitute a final report under Section 173 Code of Criminal Procedure (CrPC), and thus should not bar the issuance of integrity certificates for promotion. Section 173 of the CrPC deals with the report of a police officer on the completion of an investigation.
Writing to Aditya Dahiya, special secretary in the personnel department in the office of the Haryana chief secretary, the UPSC said on 22 May that the state’s interpretation of a “charge sheet” as being distinct from a final report under Section 173 of CrPC is legally untenable.
The UPSC’s rejection, referencing the solicitor general’s opinion and judicial precedents, has stalled the promotions of the 27 Haryana Public Service Commission officers from the 2002, as well as the 2003 and 2004 batches.
The UPSC emphasised that section 173 represents a stage of investigation, and the concept of “charge sheet” is a legally accepted term and it cannot be used to circumvent the implications of ongoing criminal proceedings.
The letter further cites the solicitor general’s opinion, received on 11 March, which advises against promoting officers facing legal challenges to their initial appointments until they are cleared of charges.
This rejection has significant implications for Haryana, which is grappling with a severe shortage of IAS officers. The state has only 171 officers against a sanctioned strength of 215.
The shortage means that several senior IAS officers of additional chief secretary and principal secretary rank are looking after 2-3 departments. Divisional commissioners also often have to oversee departments at state headquarters.
Last year, the Haryana government had requested the central government for 10 new IAS officers this year.
Requesting anonymity, a state service officer (not from the 2002 batch) told ThePrint that due to charges against one particular batch, other batches are suffering. “The retirement age for an HCS officer is 58 while that for an IAS officer is 60. If an officer retires before a decision is made, he or she will lose two years of service.”
Another senior officer told ThePrint that as on date, there are 33 IAS vacancies to be filled from the HCS for the ‘select lists’ for 2020 to 2025. With the strength of IAS officers in the state short by 44, the filling of these 33 vacancies can ease the pressure.
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Why 2002 officers were charge sheeted
The controversy traces back to 2002 when allegations of widespread irregularities surfaced in the selection process of HCS (executive branch) officers that year. Om Prakash Chautala of the Indian National Lok Dal was chief minister at the time.
Congress leader Karan Singh Dalal filed a writ petition in the Punjab and Haryana High Court the same year, challenging the selection process for HCS and Allied Services Examination, 2001, for the 2002 batch.
After the Congress came to power in 2005 under Bhupinder Singh Hooda, it pursued the case.
In response to Dalal’s plea, former IAS officer P. Raghavendra Rao filed an affidavit in 2009, when he was special secretary to the Government of Haryana led by Hooda, providing detailed insights into these allegations.
Rao’s affidavit revealed significant irregularities in the selection process, including alleged answer sheet manipulations, marks tampering and favouritism during interviews. Marks were revised up through unattested cuttings and over-writings in different ink, often without examiner’s authentication, it was alleged.
Some answer sheets allegedly showed evidence of being written outside the examination hall, with handwriting discrepancies across papers. Interview marks were allegedly manipulated to favour certain candidates, with low scores deliberately awarded to others.
The affidavit cites specific examples of nine selected candidates from the 2002 batch whose answer sheets allegedly exhibited these irregularities. Some of officers are also among the promotion list sent by the state government.
Aside from the writ petition, Jalandhar resident Vishal Chauhan, who had applied for the post but was not selected, filed a police complaint, on the basis of which an FIR was lodged.
A subsequent investigation by the State Vigilance Bureau culminated in the registration of an FIR on 18 October 2005 under sections of the Indian Penal Code and the Prevention of Corruption Act. The probe led to the eight officers being charge sheeted in 2023. The charge sheet also mentions then senior HPSC officials including chairman, members and examiners.
In June 2023, the President of India gave the nod to prosecute then HPSC chairman K.C. Bangar and commission members Mahinder Singh Shahstri, N.N. Yadav, Dayal Singh, Narender Viddhyaalankar and Jagdish Rai for the irregularities.
Promotion proposal amid controversy
Ironically, while the State Vigilance Bureau registered an FIR in October 2005 and P Raghavendra Rao filed an affidavit in the court in 2009 admitting the irregularities, the Bureau took 18 years after the FIR to file a charge sheet against the eight HCS officers.
The officers, however, approached the Punjab and Haryana High Court and the court stayed the trial.
These officers now occupy prominent posts in the administration—Veena Hooda is additional CEO, Sonipat metropolitan development authority; Surender Singh is secretary in state information commission; Jagdeep Dhanda is additional director, food and civil supplies; Dr Sarita Malik is special secretary, public health engineering, Kamlesh Bhadoo is special secretary, revenue and disaster management; Kuldhir Singh is additional director (health); Vatsal Vashisht is secretary, right to services commission and Jag Niwas is CEO of zila parishad, Gurugram.
In the column for the status of the accused, SHO Wasim Akram, who submitted the charge-sheet before the court, mentioned “not arrested”. The SHO sought the summoning of the accused for trial.
The charge sheet notwithstanding, the Haryana government in March this year, sent the officers’ name to the UPSC for promotion to the IAS.
Dalal, who has been a vocal critic of these proposed promotions, wrote to the President Droupadi Murmu 4 March this year on the matter. Talking to ThePrint, Dalal alleged that the officers’ initial selection was marred by fraud, mischief, corruption, and irregularities “orchestrated” by the then HPSC chairperson and members.
He pointed to the pending writ petition in the Punjab and Haryana High Court and the FIR as evidence of the officers’ unsuitability for promotion to IAS.
(Edited by Ajeet Tiwari)
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