In a major legal setback for the Haryana State Vigilance and Anti-Corruption Bureau (HVACB), a Special CBI court in Chandigarh on Friday discharged Pawan Gupta, the chief controller of examinations at the Haryana Public Service Commission (HPSC), from the high-profile cash-for-job scam case. This case is intricately linked to former Haryana Civil Services (HCS) officer Anil Nagar, whose arrest had previously sent shockwaves through the state's administrative circles.
Background of the Cash-for-Job Scam
The origins of this scandal trace back to November 2021, when the then State Vigilance Bureau (SVB), which has since been restructured into the Haryana ACB, made a series of dramatic arrests. Anil Nagar, who was serving as the under secretary of the HPSC at the time, was taken into custody along with his associates Ashwani Kumar and Navin Kumar. The allegations against them centered on their purported involvement in manipulating answer sheets for two critical examinations: the HCS (Prelims) and the dental surgeons' written exams.
Financial Recoveries and Subsequent Investigations
During the initial probe, the ACB claimed to have recovered a staggering sum of Rs 3.97 crore. Out of this amount, Rs 3.3 crore was specifically described as ill-gotten money allegedly amassed by Nagar through corrupt practices. The scale of the financial irregularities prompted the Enforcement Directorate (ED) to step in, registering an Enforcement Case Information Report (ECIR) to initiate a parallel money laundering investigation into the matter.
Pawan Gupta's Involvement and Legal Challenge
In its chargesheet, the Haryana ACB had named Pawan Gupta, the HPSC's chief controller of examinations, as a beneficiary of the proceeds of crime. This inclusion suggested that Gupta had allegedly gained from the fraudulent activities linked to the scam. However, Gupta's legal team mounted a robust defense, challenging the validity of the chargesheet and the evidence presented against him.
Defense Arguments and Court's Decision
Deepanshu Bansal, the defense lawyer representing Pawan Gupta, argued vehemently that his client's name never surfaced during the course of the investigation. Bansal emphasized that there was a complete absence of material or concrete evidence indicating Gupta's involvement in the alleged offenses. Furthermore, the defense pointed out a critical procedural flaw: the lack of necessary sanction under Section 19 of the Prevention of Corruption (PC) Act to prosecute a public official like Gupta.
Bansal stated, "There was no sanction under Section 19 of the PC Act to prosecute the official. No offence was made out as the ingredients of the alleged sections were not satisfied. With no material or evidence on record, the court accepted our plea despite the prosecution's opposition." This argument proved pivotal, leading the Special CBI court to discharge Gupta, thereby dismissing the charges against him in this high-stakes case.
Implications of the Court's Ruling
The discharge of Pawan Gupta represents a significant blow to the Haryana ACB's efforts to hold individuals accountable in the cash-for-job scam. It raises questions about the strength of the evidence collected and the procedural adherence during the investigation. This development may also impact the broader legal proceedings against other accused, including Anil Nagar and his associates, as the case continues to unfold in the judicial system.
As the matter progresses, stakeholders and observers will be closely monitoring how this ruling influences future anti-corruption initiatives in Haryana and the operational protocols of the state's vigilance bodies.
