Haryana Government Gazette
Published by Authority
© Government of Haryana No. 50–2021] CHANDIGARH, TUESDAY, DECEMBER 14, 2021 (AGRAHAYANA 23, 1943 SAKA)
CONTENTS
Pages PART I— Notifications, Orders and Declarations by Haryana Government
. . 1057–1086 PART I–A— Notifications by Local Government Department
. . Nil PART I–B— Notifications by Commissioners and Deputy Commissioners
. . Nil PART II— Statutory Notifications of Election Commission of India —
. . Nil Other Notifications and Republications from the Gazette of India
PART III— Notifications by High Court, Industries, Advertisements, Change of Name . . 505–524 and Notices
PART III–A—Notifications by Universities
. . 73–75 PART III–B—Notifications by Courts and Notices
. . Nil PART IV— Act, Bills and Ordinances from the Gazette of India
. . Nil PART V— Notifications by Haryana State Legislature
. . Nil SUPPLEMENT PART I— STATISTICS
. . Nil SUPPLEMENT PART II— GENERAL REVIEW
. . Nil LEGISLATIVE SUPPLEMENT —Contents
. . (xciii) Ditto PART I—Act
. . Nil Ditto PART II—Ordinances
. . Nil Ditto PART III—Delegated Legislation
. . 637–638 Ditto PART IV—Correction Slips, Republications and Replacements . . Nil
(l)
Haryana Government Gazette
Published by Authority
© Government of Haryana
No. 50–2021] CHANDIGARH, TUESDAY, DECEMBER 14, 2021 (AGRAHAYANA 23, 1943 SAKA)
PART – I
Notifications, Orders and Declarations by Haryana Government
HARYANA GOVERNMENT
PERSONNEL DEPARTMENT
Notification
The 7th December, 2021
No. 40/64/2021-45(1).— Whereas, Sh. Anil Nagar, HCS (under suspension), Deputy Secretary of Haryana Public Service Commission and two others were arrested by the Haryana State Vigilance Bureau in case FIR No.4 dated 17.11.2021 under section 7A of Prevention of Corruption, Act 1988 and under section 420, 466,468,471, 120(B) IPC R/W 8(3)(4) Haryana Public Examination (Prevention of Unfair Means) Act 2021, Police Station, State Vigilance Panchkula for taking money and manipulating the marks of candidates who appeared in the written examination for recruitment for the post of Dental Surgeons conducted by the Haryana Public Service Commission on 26.09.2021.
2. Whereas, the FIR was registered on the complaint of Narender R/o Uklana Hisar who alleged that one Naveen R/o Bhiwani had demanded money to get candidates selected in the Dental Surgeon recruitment exam conducted by HPSC on 26.09.2021. An acquaintance of the complaint, namely, Sombir, approached Naveen in this regard. Naveen demanded payment of Rs. 35–40 Lakh per candidate, adding that the candidate should not be connected to any MP/MLA/Member. Sombir set up two of his candidates to appear in the exams. Naveen informed him that only one of the candidates to appear in the passed exam. The other had attempted too many questions – Dalbir had passed the exam. The other had attempted too many questions and hence the OMR sheet could not be manipulated to his advantage. Once Dalbir's name figured in the selection list, Naveen demanded payment of the money. Sombir negotiated with Naveen for Rs. 20 lakh, recorded the conversation and Narender approached the State Vigilance Bureau. A trap was set by the State Vigilance Bureau and Naveen was apprehended while accepting Rs. 20 lakh from the complainant.
3. Whereas, based on Naveen's confession and other evidences obtained during investigation, State Vigilance Bureau officials arrested Ashwani Sharma R/o district Jhajjar and seized cash amounting to Rs. 1,07,97,000/- during his house search. Following interrogation of Ashwani it was learnt that the entire cash amount was to be paid to Sh. Anil Nagar, HCS, Deputy Secretary, Haryana Public Service Commission. Ashwani spoke to Sh. Anil Nagar who asked him to deliver the money in his Haryana Public Service Commission office. The conversation was also recorded and the SVB arrested Sh. Anil Nagar when he accepted the cash from Ashwani in his office in HPSC on 18.11.2021.
(1057)1058 HARYANA GOVT. GAZ., DEC. 14, 2021 (AGHN. 23, 1943 SAKA) [PART–I 4. Whereas, search at Sh. Anil Nagar's residence led to seizure of Rs. 12 lakh cash. On interrogation of Sh. Anil Nagar, he confessed that he had parked money with his associate. Rs. 2.10 crore cash was recovered from the associate. Thus a total of Rs. 3.5 crore cash has been seized so far in the course of investigation. Further, a hand written list of Roll numbers of the HCS exam was recovered from Sh. Anil Nagar's wallet. This included the Roll number of the successful candidates. Sh. Anil Nagar stated that in order to avert suspicion he had asked for a "random" check of OMR sheets on the pretext of verifying the correctness of the scanning and had made sure that the list included the Roll numbers of the candidates whose scores had to be altered.
5. Whereas, interrogation of all three accused revealed that total of around 30–32 candidates were involved in all as per the accused (HCS – 15 candidates, of whom 5 passed; Dental Surgeon–17 candidates of whom 13 passed). Sh. Anil Nagar and Ashwani had manipulated the OMR sheets of Dental Surgeon and HCS Preliminary Examination. Sh. Anil Nagar had called for the answer sheets of the agreed upon candidates and had made alterations in the answers and then re-scanned the sheets.
6. Whereas, the State Vigilance Bureau conducted searches in the office of Sh. Anil Nagar, HCS in the presence of HPSC officials on 22.11.2021 and seized the original OMR sheets of suspect candidates for HCS preliminary Exam and the Dental Surgeon Exam (both had been kept in custody of Sh. Anil Nagar), Digital Video Recorder containing CCTV footage and other digital media. The personal staff of Sh. Anil Nagar, HCS was also joined in the investigation.
7. Whereas, interrogation of the accused indicates that Sh. Anil Nagar had conceived of the entire plan. He had hired Ashwani for the scanning of the OMR sheets and broached the plan to him. Ashwani then contacted Naveen who approached the candidates. The entire money collected from the candidates was handed over to Sh. Anil Nagar. Ashwani was motivated by the hope of getting more works from the HPSC, while Naveen had been told that he would get some part of the bribe money.
8. Whereas, Sh. Anil Nagar has been placed under suspension w.e.f. 18.11.2021 i.e the date of his arrest. There is not an iota of doubt that defaulter has acted in manner most reprehensible, which is not expected from a member of services. The defaulter has shown exhibited grave misconduct thereby tarnishing the image of the State Government in the eyes of general public. Further, such immoral activities bring severe disrepute to the State Government. His continuation in service would be detrimental to the cause public interest and department discipline. Anil Nagar has besmirched the image of the State Government by attempting to intimidate/coerce witnesses and destroy evidence.
9. Whereas, the matter was also referred to the Haryana Public Service Commission on 02.12.2021 in terms of Article 320 (3) of the Constitution of Republic of India for consultation of the Commission. The Commission vide its letter No. 16/2021/4064 dated 03.12.2021 has tendered an advise that the concerned authority record the reasons of his/her satisfaction in writing before invoking the provisions of Article 311 (2) (b) that it is not reasonably practicable to hold enquiry, and also the justification for the punishment awarded i.e. dismissal, removal or reduction in rank.
10. Whereas, Sh. Anil Nagar remained posted as Deputy Secretary in Haryana Public Service Commission which is a high 1evel post in the Commission so it has been learnt that he or together with his associates or others, can terrorize, threatens or intimidate witnesses who are going to given evidence against him with fear of reprisal as to prevent them from doing so. Sh. Anil Nagar being Deputy Secretary (a very senior post in hierarchy) in Haryana Public Service Commission likely to further intimidate the subordinate staff for not giving any evidence against him due to his subordination during his tenure. It is very difficult for subordinates to give evidence against higher authority i.e. Deputy Secretary likely for the reasons that during there working together some have developed good relations and others may be due to respect being a higher post. This is the human nature that giving evidence against your own authorities is difficult for respect or fear. Sh. Anil Nagar was the custodian of all relevant records and there is no surety of the sanctity of the record kept by him. Therefore, it does not practicably possible to conduct the inquiry. The Competent Authority has the above reasons to believe to dispense with the departmental proceedings/ inquiry for the above mentioned reasons.
11. Whereas, Sh. Anil Nagar has committed grave offence in which he was arrested on 18.11.2021. In the report of the State Vigilance Bureau, it is mentioned that Sh. Anil Nagar & Sh. Ashwani had manipulated the OMR sheets of Dental Surgeon and HCS Preliminary Examination. Sh. Anil Nagar had called for the answer sheets of the agreed upon candidates and had made alterations in the answers and then re-scanned the sheets. Further, Sh. Anil Nagar's residence was searched and seized Rs. 12 Lakh cash. On interrogation of Sh. Anil Nagar, he confessed that he had parked money with his associate and Rs. 2.10 crore cash was recovered from his associate. Because, he was the overall incharge of the examinations being Deputy Secretary, he is supposed to do work as per standard· operating procedure but he was involved in manipulating of answer sheets. This is highly unbecoming of the officer. Thus he does not deserve to be in service. Keeping in view the overall circumstances of the case and grave misconduct andPART-I] HARYANA GOVT. GAZ., DEC. 14, 2021 (AGHN. 23, 1943 SAKA) 1059 indiscipline on the part of accused/defaulter in the above said case it is clear that Sh. Anil Nagar is not fit to be retained further as member of civil services of State.
12. Whereas, the Competent Authority has, after taking into consideration of all the aspects of the case, decided to award a punishment of "dismissal from service which shall ordinarily be a disqualification for future employment under the Government", upon Sh. Anil Nagar.
13. Now, therefore, in the interest of justice, the Governor of Haryana by satisfying that it is not practicable to hold inquiry in the matter against Sh. Anil Nagar, HCS (under suspension), imposed the punishment of dismissal from service upon Sh. Anil Nagar, HCS (under suspension) which shall ordinarily be a disqualification for future employment under the Government by virtue of Article 311 (2) (b) of the Constitution of the Republic of India.
It is, therefore, ordered accordingly. For and on behalf of Governor of Haryana
SANJEEV KAUSHAL, Chief Secretary to Government of Haryana.
9402—C.S.—H.G.P., Pkl.