Police debarred from proceeding against retd officers Khemka, Verma

The government has denied ex-post facto permission under Section 17A of the Prevention of Corruption Act in cases against retired IAS officers Ashok Khemka and Sanjeev Verma.

Section 17A says that no police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under the Act, without prior approval. As FIRs against both officers was registered without prior permission, the police was seeking ex-post facto approval. Now the police will not be able to proceed against them.

Khemka retired on April 30 after serving for over 33 years. The matter pertains to 2022, when Verma was posted as MD, Haryana State Warehousing Corporation (HSWC). After finding certain appointments made in 2009 illegal, he complained to the Chief Secretary and wrote to the police to register a case against Khemka.

On April 26, 2022, the police registered an FIR at Sector 5 Police Station, Panchkula, against Khemka for the alleged fraud under Section 420 of IPC and Section 13 of the Prevention of Corruption Act.

Another FIR was registered on the same day against Verma on the complaint of Khemka for alleged tampering with documents. The FIR against Verma was registered when the then Home Minister, Anil Vij, ordered it.

Khemka approached the high court, contending that approval under Section 17A had not been taken. However, the court disposed of the case after the government said in case the matter was to be proceeded, a 10-day notice would be served on him.

As investigations were pending, Verma kept seeking a CBI probe into both the FIRs. Recently, he had approached the Haryana Human Rights Commission, claiming that the then Home Minister had acted in a biased manner as he had recommended the denial of permission under Section 17A in the FIR against Khemka, but at the same time, Vij had recommended to accord sanction in the FIR against him (Verma). He added that the Home Minister did not disclose in his note how, and in what capacity, he had arrived at the conclusion.

Verma requested the commission that the investigation “may be done/completed expeditiously or if the police feels that there is no substance in this case, then the said FIR may be cancelled.”

The commission, on April 22, noted, “No doubt, delay in justice certainly violated the basic human rights of an individual…let a report be requisitioned from the Director General of Police, Haryana….”

Haryana Tribune