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

By LE Desk

Chandigarh, June 3, 2021: The Punjab and Haryana High Court has ruled that a department cannot be expected to wait endlessly for the trial in a criminal case to conclude.

The ruling came as a Division Bench refused to stay disciplinary proceedings in the HCS paper leak case against Balwinder Kumar Sharma, Additional District Judge posted as Registrar (Recruitment).

The Bench of Justice Jaswant Singh and Justice Sant Parkash observed that charges were framed against the petitioner based on the fact that a question paper of HCS (Judicial Branch)-2017 was leaked by him following his intimacy with a woman identified as Sunita, The Tribune reported.

She, in turn, gave it to other co-accused, leading to parting of Rs 1.5 crore by the complainant-candidate. These allegations had led to the framing of charges for cheating, criminal breach of trust and other offences under Sections 409, 420, 120-B and 201 of the IPC and provisions of the Prevention of Corruption Act.

The Bench observed that the petitioner, being a judicial officer holding the rank of an Additional District Judge and posted as Registrar (Recruitment), was required to have the highest standards of propriety and moral conduct. The petitioner’s call details showed 726 calls and 34 messages made between him and accused Sunita, who incidentally was a topper in the HCS (Judicial) preliminary examination. “This, prima facie, reflects towards a conduct not behoving the post that the petitioner was holding.”

The Bench added a charge in the “Articles of Charge” showed that the disciplinary authority also charged the employee for immoral conduct and, thereby, violating the Government Employees (Conduct) Rules, 1966, as he had allegedly developed intimate relations with Sunita, The Tribune reported.

He was also charged with failing to maintain absolute integrity as expected from a judicial officer. These charges, by no stretch of imagination, could be gone into or punished by the Criminal Court.

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

The Bench added: “The burden of proof, and the manner in which allegations are to be proved, are different for criminal trial and disciplinary proceedings. The petitioner has been drawing salary, being an employee under suspension. It is neither desirable, nor advisable, for any court of law, in view of the nature and gravity of allegations, to force an employer to continue paying an employee which the establishment does not deem fit to continue as its part by stalling the conclusion of departmental proceedings.” The Bench also refused to order expediting the criminal trial rather than the continuation of the departmental proceedings. 

The Bench observed that the petitioner, being a judicial officer holding the rank of an Additional District Judge and posted as Registrar (Recruitment), was required to have the highest standards of propriety and moral conduct… “This, prima facie, reflects towards a conduct not behoving the post that the petitioner was holding.”

https://www.tribuneindia.com/news/haryana/hcs-paper-leak-punjab-and-haryana-high-court-refuses-to-stay-disciplinary-proceedings-against-registrar-262121