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Panchkula: Police closure report challenged over alleged ‘jurisdictional flaws’
Whistleblower Ravinder alleged that police failed to properly investigate the case and the court of CJM lacks the authority to handle this case, as corruption charges (PC Act) must be heard by a special court
The cancellation report filed by Haryana police in an FIR against retired IAS officer Ashok Khemka and others has been challenged in a local court by high court advocate and whistleblower Ravinder Kumar.
The case was scheduled for consideration on November 17 before the court of chief judicial magistrate (CJM) Aparna Bhardwaj. However, Ravinder filed an application requesting the court to transfer the case to a competent court possessing exclusive jurisdiction. The CJM court subsequently adjourned the matter, listing it for February 6 for filing reply to the application.
The FIR, lodged on April 26, 2022, by the Haryana State Warehousing Corporation (HSWC) through its then-secretary Vaneet Chawla (since retired), was registered at Sector-5 police station against Ashok Khemka and others. They were booked under Section 13 of the Prevention of Corruption (PC) Act and Section 420 (cheating) of the Indian Penal Code (IPC).
Complainant Ravinder is also an accused in a counter-FIR No. 171 filed by Khemka on the same day in April 2022.
The complaint against Khemka revolves around the alleged multiple illegal appointments made to the post of Manager Grade-I in the HSWC in 2010, which reportedly violated mandatory provisions of an advertisement published in 2009. An initial inquiry by a committee of senior HSWC officers was conducted after a legal notice from Ravinder. The police later filed an Untrace Closure Report (UCR) this year, seeking closure of the case.
Ravinder’s application sharply contests the closure report, arguing that the police’s attempt to close the case was based solely on the lack of sanction under Section 17A of the PC Act. He alleges that the ACP-rank investigating officer (IO) intentionally failed to fully investigate, asserting that permission under Section 17A was not necessary because the offence was ex-facie criminal, a position supported by various HC and Supreme Court rulings.
Furthermore, the application highlights a letter written by the chairman of the interview committee on May 12, 2022, to the chief secretary, calling it direct documentary evidence of a clear criminal offence. The closure report is also cited as being full of contradictions, noting that while it mentions the decline of sanction for Khemka, it is silent on the sanction process for other co-accused employees.
The most significant legal challenge raised is that the CJM court is completely barred from dealing with the matter. The application emphasises that the criminal proceedings, being connected to the PC Act (read with Section 420 IPC), fall under the exclusive jurisdiction of a special court presided over by an additional sessions judge, as contemplated under Section 3 of the Act.
The complainant argues that the CJM, Panchkula, improperly heard the PC Act matter for five months—even recording statements from unauthorised persons—and lacks jurisdiction to summon a retired officer to discharge the accused.
Khemka was booked along with Som Nath Rattan (manager, Retd), SC Kansal (assistant manager, admn, Retd), and Naresh Kumar (then assistant, HSWC). Separately, a counter FIR was also registered based on a complaint submitted by Ashok Khemka against the then-MD and others under various sections of the IPC.
