Poshan

HC Quashes FIR Against Dhumal in Sharma Reemployment Case

Shimla
HC Quashes FIR Against Dhumal in Sharma Reemployment Case
outlookindia.com
-0001-11-30T00:00:00+0553

The Himachal Pradesh High Court today quashed the FIR against former chief minister Prem Kumar Dhumal and other accused in the matter related to giving re-employment to former IPS officer Amar Nath Sharma.

The court quashed the FIR again Dhumal, P C Kapoor, Ravi Dhingra and A N, Sharma. The proceeding in the lower court in this regard was also quashed.

The Court observed that allegation contained in the FIR dated 17.6.2014 and the final report did not constitute offence of cheating under section 420 and criminal conspiracy under section 120-B of IPC and criminal misconduct under section 13(2) of Prevention of Corruption Act, 1988.

 Justice Rajiv Sharma heard the petition filed by Dhumal challenging the orders of the Special Judge (Forest), Shimla, on the ground that the prosecuting agency/Home Department has misled the trial Court by not placing both the orders of the Governor of Himachal and it has been passed without taking cognizance of the orders dated March 21, 2015 and January 21, 2015.

The then Governor of HP, Urmila Singh, had expressed the opinion that sanction under section 19 of Prevention of Corruption Act was not required, while on March 21 the Governor Kalyan Singh reviewed the January 21 order and denied prosecution sanction against Dhumal.

Dhumal had alleged that the prosecution had suppressed the March 21 orders of the Governor from the Court and no cognizance can be taken for any offence alleged to have been committed by a public servant during discharge of official duty without any malafide.

During the hearing, it was observed by the Court that the decision was taken by Dhumal on legal advice and the recommendation of the Principal Secretary (Home) and the Chief Secretary without any malafide, complicity and favour.

Further, he had acted in discharge of his official duty and moreover, there was nothing on record wherein either the Principal Secretary (Law), the Principal Secretary (Home) and the Chief Secretary had stated that they had recommended the matter on the directions of Dhumal.

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