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HC rejects former IAS officer’s plea to quash FIR in bribery case Asks Him To Wait For Prosecution Sanction

June 14, 2019 05:41 AM


HC rejects former IAS officer’s plea to quash FIR in bribery case
Asks Him To Wait For Prosecution Sanction


The Punjab and Haryana high court has dismissed former Haryana IAS officer M L Kaushik’s plea seeking quashing of an FIR registered against him in a corruption case. Kaushik was booked on corruption charges by the Haryana crime branch on the basis of a telephonic conversation intercepted by the police to trap another accused.

The HC dismissed Kaushik’s plea for “being premature” because the sanction to prosecute is yet to be granted by the state government.

“In my opinion, the present petition is premature. Though challan has been presented, yet cognizance cannot be taken nor any further proceedings till sanction comes. In the circumstances, in case the competent authority declines to grant sanction, the petitioner would have no cause of action. Conversely, if sanction is granted, the petitioner would have to challenge the same. Till such time as the decision is taken on the sanction the petitioner’s presence is exempted,” observed the HC.

Justice Ajay Tewari of the HC passed these orders after the Haryana government’s counsel informed the court that no further proceedings in the matter can take place in this case till the grant of sanction to prosecute the former IAS officer.

The HC was also informed by Vijay Singh, DSP, state crime branch, that a letter about obtaining prosecution sanction regarding Kaushik was written on December 18, 2018 by DGP (crime) Haryana to advocate-general (AG), Haryana and till date the matter is pending in the AG’s office.

The bureaucrat, M L Kaushik who had served as deputy commissioner (DC) Hisar, was booked after police found his PA, Satish Kumar asking for money on his behalf from a Hisar-based trader in lieu of clearance of a contract for supply and installation of gym equipment in various schools of the district.

The matter had reached the HC in the wake of petition filed by Kaushik against the FIR.

According to Kaushik, the FIR was registered due to malafide intention to defame and harass him because the then Hisar SP Satish Balan and then IGP S Kapoor were against him since beginning and always conspiring to harass and humiliate him. He also denied receiving any bribe that had surfaced in the call intercepts of his former PA.

He had sought quashing the FIR on the ground that though the alleged interception of the phone calls was found in February 2014 and the matter was reported to the government on June 4, 2014, yet FIR was lodged two-and-a-half years thereafter in February 2017.


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