WWW.LIVELAW.IN CRM-M No.28947 of 2017

Suman v. State of Haryana and others .. Present:

Mr. Manjeet Singh, Advocate for the petitioner. Mr. Deepak Sabherwal, Addl. AG, Haryana. Mr. Jitender Dhanda, Advocate for respondent No. 5. Mr. Kanwaljit Singh, Senior Advocate with Mr. Vikas Suri, Advocate for respondent No. 6 .. Mr. Kanwaljit Singh, learned senior counsel appearing for the

High Court has produced in court copy of the order dated 12.9.2017 passed by Hon'ble the Supreme Court in Transfer Petition (Crl.) No. 306/2017— Suman v. The State of Haryana and others, whereby the petition for transfer of the case, was dismissed as withdrawn. Enquiry report submitted by the High Court in sealed cover was opened. Recruitment/Promotion/ Court Creation Committee (Subordinate Judicial Services) of the High Court, prima facie, finding that some of the candidates had access to the question paper, recommended scrapping of HCS (JB) preliminary examination held on 16.7.2017. Further noticing that there were total 760 calls and SMSs exchanged between Dr. Balwinder Sharma, Registrar (Recruitment) and Ms. Sunita during last one year, disciplinary action against Dr. Balwinder Sharma, Registrar (Recruitment) has been recommended. He has been recommended to be transferred forthwith from the post pending further action. Further recommendation has been made for registration of FIR for further probe regarding leakage of question paper. The recommendations made by the Committee read as under: 1 of 4

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WWW.LIVELAW.IN CRM-M No.28947 of 2017 “(a)

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In view of the prima facie finding that atleast two candidates namely Ms. Sunita and Sushila had the question papers and therefore the possibility that other candidates may have also had access to the question paper cannot be ruled out; in such circumstances, purity of the examination having been lost, the Committee recommends that the HCS (JB) Preliminary Examination 2017 held on 16.7.2017 be scrapped.

(b)

Keeping in view the finding that Dr. Balwinder Sharma, Registrar (Recruitment) unequivocally stated that he had no prior acquaintance with Ms. Sunita (the topper in general category), while the call details given by the service provider reveal that there were a total of 760 calls and SMSs exchanged between Dr. Balwinder Sharma and Ms. Sunita during the last one year, indicate that the matter requires a deeper probe. Therefore, the Committee recommends that regular enquiry be initiated against Dr. Balwinder Sharma, Registrar (Recruitment) on the basis of preliminary enquiry.

(c)

Dr. Balwinder Sharma, Registrar (Recruitment) be transferred forthwith from this post pending further action.

(d)

An FIR be lodged against Ms. Sunita, Ms. Sushila and Dr. Balwinder Sharma, Registrar (Recruitment) to further probe the act of leakage of question paper of HCS (JB) Preliminary Examination 2017.” 2 of 4

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The record produced has been returned back to the counsel for the High Court to enable the High Court to proceed further in the matter. The Court be apprised of the action taken on the basis of the recommendations made by the Committee. In terms of the order dated 28.8.2017, affidavit dated 29.8.2017 of Dr. Balwinder Sharma, Registrar (Recruitment) was produced in court in a sealed cover on 6.9.2017. The sealed cover was opened. Affidavit was perused and it was re-sealed. The sealed cover has been produced today again in court. The preliminary enquiry in the matter has already been concluded by the Registrar (Vigilance), where statement of Dr. Balwinder Sharma, Registrar (Recruitment) has also been recorded.

Even the Committee has also

submitted its report. In these circumstances, we deem it appropriate to re-open the sealed envelope containing affidavit of Dr. Balwinder Sharma and place the same on record. Let a copy of the same be placed before the Committee as well. The Registrar (Vigilance) of the High Court is requested to direct the service providers of the mobile connections of all the persons involved at this stage to preserve the call details, messages exchanged and

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CRM-M No.28947 of 2017

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any further data available with them with reference to those telephones for a period of one year. Adjourned to 15.9.2017. To be taken up at 12.00 noon.

(Rajesh Bindal) Judge

(Rajan Gupta) Judge

(G. S. Sandhawalia) Judge 13.9.2017 mk

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