No govt nod needed to challenge court order for adverse remarks: Hry AG

No govt nod needed to challenge court order for adverse remarks: Hry AG

Ajay.Sura@timesgroup.com

Chandigarh:04.03.2021 

The Haryana government has asked senior bureaucrat Ashok Khemka not to seek its permission to challenge an order passed by a single bench of the Punjab and Haryana high court in which some adverse remarks were made against him.

“The complaint made by Ashok Khemka IAS, which has been adversely commented by the high court in judgment dated January 29, 2021, was in his private capacity and not in discharge of his official duties as a member of the service. Ashok Khemka does not require any previous government sanction in this case and may have recourse to any legal remedy for expunction of adverse remarks against him in the judgment,” the advocate general (AG) office Haryana has clarified in response to Khemka’s request.

The matter relates to appointment of shooter Vishwajeet Singh, who is son of another IAS officer and former director of sports department, Haryana, Jagdeep Singh, in the coveted Haryana Civil Service (executive branch) under sports quota. The Haryana Public Service Commission (HPSC) had recommended Vishwajeet’s name for appointment as HCS officer but his appointment was halted after Khemka made a complaint, raising questions on the affiliation of tournaments for which Vishwajeet was issued the sports gradation certificate that helped him get the job.

However, Vishwajeet had approached the HC, which in its order dated January 29 directed the state government to give him the appointment. The single bench of the HC had also made some adverse comments on Khemka in its judgment.

Significantly, the state’s AG office as well as the office of chief secretary, Haryana, have already found the single bench judgment fit for appeal and to challenge the order. However, sources confirmed that the appeal from the state could not be filed till date because of the intervention of a senior leader of BJP coalition partner, JJP, who has requested chief minister Manohar Lal Khattar not to challenge the decision. The matter regarding the appeal, however, is still pending with the government.

As the remarks were made against Khemka, who was not even impleaded as party in the case, he decided to challenge the judgment of a single bench. Before filing the appeal in his individual capacity, Khemka, who is presently posted as principal secretary, department of archaeology and museums, Haryana, had sought the approval of the state government in view of the All India Services (conduct) Rules 1968.

What rules stipulate

Rule17 of the All India Services (conduct) Rules 1968 provides that no member of the service shall, except with the previous sanction of the government, have recourse on any court or to the press for the vindication of official act which has been the subject matter of adverse criticism or attack of a defamatory character. It further states that if no such sanction is conveyed to the government within12 weeks from the date of receipt of the request, the member shall be free to assume that the sanction sought for has been granted to him.