Senior Haryana IAS officer Ashok Khemka , who was recently booked in a corruption case, says the FIR is a serious breach of his fundamental right because of noncompletion of statutory provisions before registering the case. In a candid talk with TOI’s Ajay Sura about reports of his joining AAP, the senior bureaucrat says, “How many other cases have been registered, despite corruption being known to be widely prevalent?”
Do you see the current FIR against you as an outcome of tussle within the state bureaucracy or due to any vendetta?
The FIR is a result of personal vendetta of two individuals. The first individual’s father had been found guilty and punished by me for stealing rice from HSWC warehouses. The other individual had been my subordinate in previous postings, when I had referred his misconduct to the chief secretary over wrongfully engaging people and abusing official resources. Now this FIR has been raised on a 12-year-old dead issue, to malign my reputation. The spin masters have converted it into a story of bureaucratic tussle, which it is not.
How do you see the registration of FIR, especially for corruption charges against you at this juncture of service?
It was really painful. A false FIR for corruption offences has been dishonestly slapped against an innocent. The same allegation made by the same private-person was inquired into thrice by the police and no cognizable offence was made out. Suddenly an FIR was registered to pre-empt my complaint against the malicious action of the said individuals. The statutory protection available to a public servant under section 17A of the Prevention of Corruption Act was thrown into the Indian Ocean. This was a serious breach of my fundamental right guaranteed under Article 21 of the Constitution. Is this my reward for 31 years of selfless and dedicated service to the people of Haryana? How many other cases have been registered, despite corruption being known to be widely prevalent?
Have you spoken to or contacted the CM after registration of FIR to present your side?
I have sought an appointment from the CM, though I have not been able to meet him yet.
State home minister Anil Vij had specially come to the DCP office, Panchkula, after which the case on your complaint was registered. Have you called the home minister? Why did he extend a special favour to you?
The home minister was cognizant of the difficulties I was facing. He is public spirited, and took it upon himself to remedy the situation the best he could. Personally, I am thankful for his intervention without which I would have been left in the lurch.
Do you really believe that there were extreme circumstances warranting registration of FIR against you for corruption charges or it was registered hurriedly?
Forget extreme circumstances, there were no circumstances. The allegations pertain to a 12-year-old recruitment proceeding, where none of the candidates has ever raised any grievance. Eligibility was determined by the screening committee and selections made by the executive committee. I merely issued the appointments as a follow-up ministerial act. The same allegations by the same private-complainant were inquired into thrice by the police in 2016, 2017 and 2018. Then an officer, who had an axe to grind with me, was transferred to HSWC on April 7. Suddenly, the same privatecomplainant makes a fresh complaint on April 11. The officer finds me guilty on April 20 i. e. in mere nine days, without even giving me an opportunity of hearing. Initially police did not register FIR and sought prior approval of the government. Later, when I went to lodge my FIR against the two individuals, the police registered their FIR before mine, and without waiting for the prior approval. ‘Aap chronology samajhiye’. What was the undue hurry to register an FIR, that too without following the statutory procedure prescribed under section 17A of the Prevention of Corruption Act?
When you raised the issue of land scams during Bhupinder Singh Hooda’s regime, the issues highlighted by you were used as a symbol of corruption by BJP against Congress. Do you think concrete action has been taken by the current regime after coming into power?
I am not aware of concrete action having been taken at the state level. However, action was taken at the central level in some cases. Those who should have been spending time in jail were rewarded with plum postings and post-retirement sinecures. Crores of public money was wasted in inquiry commissions. Their reports now gather dust. The corrupt gang up and create a web of deceit and lies to get away.
Has the bureaucracy become too close to politicians instead of retaining its independent character? Would you consider this an issue specific to Haryana or for other states too?
The IAS-IPS bureaucracy has retained almost the same character across all states. The service cannot remain aloof from the political culture.
Many retired bureaucrats, especially very senior ones, are now appointed to advisory and other roles by the Haryana government as a routine. Does this too have an adverse impact on their independence?
Undoubtedly, it does have an impact. Officers grovel at fag-end of their careers for the lure of post-retirement sinecures. Too many regulatory and statutory posts have been created and compromised by accommodating men who are ready to crawl, even when asked to crouch.