Delhi High Court: A petition was filed seeking quashing of FIR dated 11-07-2014 registered at PS ACB, New Delhi under Sections of the Prevention of Corruption Act, 1988 against the present petitioner relating to case is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accept bribe money for extending favours inmates contrary to the Delhi Prisons Rules. Vikas Mahajan, J., quashed the FIR and the proceedings emanating therefrom as the evidence did not support the allegations of corruption and misconduct, and noted that the petitioner had been exonerated by both the inquiry officer and the UPSC.
The filing of the petition was prompted by the sting operation conducted and broadcasted by News Nation, which depicted Delhi Prisons staff, including the petitioner, allegedly engaging in corrupt practices. Based on this broadcast, a committee was formed to identify the officials involved in the alleged misconduct. Consequently, he was charged with gross misconduct under the Prevention of Corruption Act and the CCS (CCA) Rules, 1965 and disciplinary proceedings were initiated, leading to a departmental inquiry. Although the inquiry officer exonerated the petitioner on both charges, the disciplinary authority disagreed with the finding on the second charge and sought advice from the Union Public Service Commission (UPSC). The UPSC ultimately advised that there was no evidence of bribery or misconduct on Sharma’s part.
Counsel for the petitioner argued that the petitioner was wrongfully implicated, asserting that there was no substantial evidence against him. They contended that the petitioner was merely performing his duties according to the rules, and his interaction with the reporter during the sting operation was part of his official functions. Conversely, counsel for State maintained that the FIR was based on credible evidence from the sting operation and justified the disciplinary proceedings against the petitioner.
The Court concluded that the charges against the petitioner were “not proved” as there was no video or audio evidence showing the petitioner accepting or demanding a bribe. The UPSC, after examining the CDs and other evidence, concluded that the petitioner had rigorously scrutinized the reporter posing as an advocate and found no evidence of bribery. Furthermore, the UPSC noted that the petitioner’s interactions with the reporter were within his official duties as a Gazetted Officer under the Delhi Prisons Act and the Delhi Jail Manual. The witness testimonies, including those from the then Superintendent of Jail, supported Sharma’s case, indicating no demand or acceptance of illegal gratification.
Thus, the Court held that the FIR against the petitioner should be quashed as the evidence did not support the allegations of corruption and misconduct and the petitioner had been exonerated by both the inquiry officer and the UPSC.
[Subhash Sharma v Govt NCT of Delhi, CRL.M.C. 450/2017, decided on 06-05-2024]
Advocates who appeared in this case :
Mr Salman Hashmi Hashmi, Mr. Zeeshan Hashmi Sana Hashmi, Advocates for petitioner
Mr. Raj Kumar, APP for State with Insp. Ranvir Singh, PS Anti Corruption Branch
Buy Prevention of Corruption Act, 1988 HERE
