CBI charges Punjab assembly speaker in graft case

CHANDIGARH - The Central Bureau of Investigation (CBI) Friday filed a chargesheet against Nirmal Singh Kahlon, currently the Punjab assembly speaker, accusing him of corruption, cheating, forgery and abuse of his official position while previously serving as a minister.

Kahlon, who was Punjab’s rural development and panchayats minister (1997-2002) when the corruption allegedly took place, has been booked by the CBI along with 14 other officers, including the then principal secretary-cum-financial commissioner (Rural Development and Panchayats) J.S. Kesar and rural development director Mandeep Singh.

Kesar and Mandeep Singh are senior Indian Administrative Service (IAS) officers. Kesar retired some time ago.

The chargesheet was filed before the court of the CBI special judge in Patiala, 70 km from here.

All 15 people, including Kahlon, have been charged under various sections of the Indian Penal Code (IPC) and the Prevention of Corruption Act.

Kahlon and others have been asked by the CBI special court to appear before it Aug 17.

According to the CBI spokesman, the case was registered in June 2003 against Kahlon and others for corruption, cheating and forgery of the records in the selection of 909 panchayat secretaries during 1997 to 2002 by abusing their official position.

The complaint was filed by the then director (Rural Development and Panchayats) in 2003 and later transferred to the CBI for investigations.

The CBI spokesman said that investigations revealed that large sums of money changed hands during the selection process. Though the director (Rural Development and Panchayats) was the appointing authority for the post of panchayat secretary, the minister, his private secretary and the financial commissioner took undue interest in the matter.

The investigations revealed that “forgery and destruction of original interview marks lists was done, in order to select candidates of their choice. The accused public servants did not follow legal advice based on relevant judgments of the Supreme Court, for fixing percentage of interview marks”.

“A number of other irregularities were also committed by the accused public servants in order to facilitate selection of candidates of their choice. Thus, a number of candidates with higher qualifications were awarded less interview marks and candidates who were having lower qualifications were awarded more interview marks.

“Even after all this manipulation, a number of candidates who had secured more marks, as per the available interview assessment sheets, than the cut-off marks in their particular selection category were not selected but at the same time candidates who had secured less marks than the cut-off marks in that particular selection category were selected,” the investigations revealed.

The accused approached the Supreme Court against the CBI investigations but the apex court turned down the plea in Oct 2008. The Punjab government, which was again led by the Akali Dal, denied sanction for prosecution against the accused, including Kahlon.

“These orders were issued on the basis of decision of Punjab council of ministers, whereas, the competent authority to grant or refuse sanction is the governor of Punjab. The CBI has now again requested the government of Punjab to place the issue of grant of prosecution sanction before the competent authority in respect of the accused where the sanction is required,” the spokesman added.

The Punjab and Haryana High Court in March 2008 also said that no sanction for prosecution was required by the CBI against the accused, including the then minister.

The remaining officers against whom the CBI has registered a case are from the rural development and panchayats department.