High court stays Khemka’s arrest
CHANDIGARH: The Punjab and Haryana high court on Tuesday stayed the arrest of senior IAS officer Ashok Khemka in a case registered against him under the Prevention of Corruption Act in Panchkula.
The HC bench of justice Avneesh Jhingan passed the order on 57-year-old, 1991-batch IAS officer’s plea seeking quashing of the FIR and stay on any proceedings arising out of it.
“Considering that as per the amended provisions, no enquiry, inquiry or investigation can be initiated without prior sanction, arrest of the petitioner is stayed. However, he shall continue to join investigation if called for,” the bench of justice Avneesh Jhingan ordered, posting the matter for July 28 for further hearing. The FIR was registered on the complaint of Sanjeev Verma, the managing director of the Haryana State Warehousing Corporation (HSWC), on April 26 at the Sector-5 police station in Panchkula. The allegations are of making appointments at HSWC in an illegal and arbitrary manner when Khemka served as its MD in 2009-2010. Khemka’s counsel, senior advocate, RS Cheema had argued that enquiry in this case started in April, 2020 and no sanction as contemplated under Section 17-A of the Prevention of Corruption Act, 1988 was obtained. It is a statutory requirement given in order to protect public servants.
Allegations in the FIR, even if taken to be true did not constitute offence under any penal provision, especially when issuance of appointments by the petitioner was merely a follow-up ministerial act, pursuant to the selection finalised by the executive committee, the plea asserted. It was informed that same set of allegations have been inquired into by police in 2016, 2017 and 2018 and no cognisable or any other offence was concluded to be found out. Cheema had further submitted: “The timing of the extremely vexatious complaint on April 11 for 12-yearold allegations, immediately upon Verma’s appointment as HSWC MD on April 8 (who had mala fide against the petitioner) and vindictiveness of his action towards maligning the petitioner’s reputation by misusing official position as MD, warrants immediate indulgence of HC and quashing of the FIR.”
Verma, too, was booked on Khemka’s complaint. Thecase against him pertains to a public servant framing an incorrect document with intent to cause injury or threatening any person.