M A I N   N E W S

HPSC ex-chief told to give up
By Prabhjot Singh
Tribune News Service

CHANDIGARH, Feb 2 — A Division Bench of the Supreme Court comprising Mr Justice K. T. Thomas and Mr Justice R. P. Sethi has directed Mr L. D. Kataria, erstwhile Chairman of the Haryana Public Service Commission (HPSC), to surrender before the Vigilance Officer, Police Station, Rohtak, on February 7 at 8 a.m. for custodial interrogation, after setting aside the bail granted to him by the Punjab and Haryana High Court.

The Bench also ordered that after Mr Kataria surrendered, he would be arrested by the Investigating Officer and "interrogation shall be held until 9 p.m., if necessary, and then release him on bail on his executing bail bond (with or without sureties) to the satisfaction of the investigating officer."

The apex court also rejected the request of counsel of Mr Kataria to remain present during his "custodial interrogation".

Earlier, Mr Mahabir Singh, counsel for the Haryana Government, challenged the order granted by the Punjab and Haryana High Court under Section 438 of the Code of Criminal Procedure (CrPC). He said Mr Kataria , a retired IAS officer, was required for custodial interrogation.

A case under Sections 420, 471, 477-A and 120-B of the IPC and Sections 3 and 4 of the Prevention of Corruption Act were registered against Mr Kataria and Mr T. R. Tuli, erstwhile Secretary of the HPSC at the vigilance police station in Rohtak.

A perusal of the case reveals that after the 1993-94 written examination for HCS (Executive), allegations of irregularities were made following which Mr Kataria resigned and submitted a detailed note to the Governor, alleging that certain members of the commission had been pressuring him into committing irregularities. From the Governor, the reference was made to the President and then to the Supreme Court.

While the case against Mr Sher Singh, a member then of the commission was taken up by the Supreme Court, complaints were filed against Mr Kataria and Mr Tuli after Mr Bansi Lal also ordered an inquiry into various allegations.

One of the complainants, Mr Kuldip Singh of Karnal, had alleged that he had been to asked to pay Rs 10 lakh for his selection of which he paid Rs 4 lakh in advance. The remaining Rs 6 lakh was to be paid afterwards. Since his name did not appear on the list of selected candidates, he asked for his money back.

After applications for anticipatory bail were turned down on technical grounds both in Rohtak and Chandigarh, Mr Kataria went to the high court which granted him bail on the plea that since it was an old case and the entire record was with the investigation agency and as such there was no ground to deny him anticipatory bail. This order passed in August last year was challenged by the Haryana Government in the apex court and was listed yesterday.

Counsel for Mr Kataria while opposing the prayer referred to certain observations of the apex court ,holding that these were exonerative in nature which Mr Mahabir Singh opposed.

After hearing the arguments, the bench observed :" We are taking via media, considering the stand adopted by the respondent at the beginning of the case and the need of the investigating agency to interrogate him."

The bench further observed that :"If further interrogation is found necessary, the investigation officer shall inform him (Mr Kataria) of the time and venue at which the respondent shall be present for continuing such interrogation and respondent is bound to attend at such place and time."

When counsel for Mr Kataria made a request that he might be allowed to be present during interrogation, Mr Justice Thomas and Mr Justice Sethi disallowed it.

"The interrogation officer shall ensure that no counsel is present anywhere in the vicinity of the interrogation place," the order said.