New Delhi: The Delhi High Court today upheld the sentence of ten years Rigorous Imprisonment of five accused persons including former chief minister of Haryana Om Prakash Chautala, his son Ajay Singh Chautala, an ex-Member of Parliament, Vidya Dhar, IAS, formerly OSD to CM of Haryana, Sher Singh Badshami, the then Political Advisor to the Haryana CM, Sanjeev Kumar, IAS, former State Director, Primary Education.
The High Court has reduced the sentence of the remaining fifty other ex-officials of Haryana state Education Department. They will undergo two years Rigorous Imprisonment.
The Special Judge for CBI Cases, Rohini, Delhi had earlier sentenced 55 accused to undergo Rigorous Imprisonment from four to ten years on January 22, 2013.
All the 55 persons convicted in this case had filed an appeal against their conviction order in Delhi High Court. After hearing both sides, the Delhi High Court dismissed all the 55 appeals.
CBI had registered a Preliminary Enquiry(PE) on the directions of Supreme Court on November 25, 2003 in response to a Writ Petition relating to matter of Sanjiv Kumar V/s State of Haryana on the allegation of irregularities in appointment of Junior Basic Trained Teachers by the Government of Haryana in the year 1999-2000. On the basis of the findings in the Preliminary Enquiry, a regular case was registered on May 24, 2004 under section 120B read with 420, 467, 468 & 471of IPC and 13(2) read with 13(1)(d) of the Prevention of Corruption Act 1988 against the then officer on Special Duty (OSD) to the Chief Minister Haryana; then Political Advisor to CM, Haryana; then Chairpersons and Members of the District level Selection Committee constituted for the posts of JBT teachers in the Districts of Ambala, Bhiwani, Faridabad, Fatehabad, Gurgaon, Jhajjar, Jind, Karnal, Kurukshetra, Kaithal, Mahindergarh, Panchkula, Panipat, Rohtak, Rewari, Sirsa, Sonepat & Yamunanagar ; and other persons.
Investigation by the CBI established that the appointments of 3032 teachers were done on the basis a fraudulently prepared Second Set of Interview Lists, which were allegedly made at the behest of the then CM; his son, who was the then Member of Parliament; the then OSD to the CM; the then Political Advisor to CM; the then Director, Primary Education and others. Original set of List of Interview Marks of the candidates on basis of which appointments ought to have been made were also revealed during investigation.
After thorough investigation, CBI filed a charge Sheet on June 6, 2008 against the then OSD to CM of Haryana; the then Political advisor to the Chief Minister, Haryana; the then Director Primary Education, Haryana; the then CM, Haryana; then Member of Parliament and 57 other then officials of Haryana, under sections 120B read with 420, 467, 468, 471 of IPC & Section 13(2) r/w 13(1)(d) of PC Act 1988.
Cognizance on the Charge Sheet was taken on July 16, 2008. Charges were framed on July 23, 2011 against 61 accused persons by the Special Judge, CBI Cases, Rohini. One retired official of Education Department, Haryana was discharged. Defence evidence concluded on August 4, 2012 and final arguments on December 17, 2012. During the trial, 6 accused persons, all retired officials of Education Department, Haryana had expired. The CBI produced 68 witnesses during trial.
The Trial Court at Delhi had convicted 55 accused persons on January 16, 2013 and pronounced the sentence on January 22, 2013.