Himachal Pradesh Governor plays safe, returns Dhumal’s prosecution file to Govt

She quoted the Supreme Court ruling in the case of Punjab Chief Minister Parkash Singh Badal and former Maharashtra CM A R Antulay—wherein no sanction was required to prosecute a public servant under section 19 (1) of the Prevention of Corruption .

According to reports, the Governor had consulted some legal experts before taking a decision to keep her hands off in the matter even as the incumbent CM and his BJP predecessor are locked in a bitter row over cases and counter allegations.

The Himachal Pradesh government had earlier approached the Governor seeking her sanction to prosecute Dhumal –who during his term 2007-2012 purportedly misused powers to employ a former IPS officer A .N Sharma—who had sought voluntary retirement on November 21, 2007 –apparently to contest election but when denied ticket he allegedly used his influence to return back to the IPS cadre. It is alleged that Sharma also drew financial benefits attached to the post after voluntary retirement.

Virbhadra on returning to power in 2012-13 had entrusted the State Vigilance and Anti Corruption Bureau to investigate Sharma’s case as how he was allowed to rejoin the service and draw all his benefits .The case was registered under Sections 120-B and 420 of the IPC and section 13 of the Prevention of Corruption Act.

The Vigilance’s investigation officer, has concluded it as misuse of power and nepotism asserting that Sharma could not have been allowed to rejoin the service.

Sharma also moved the central administrative tribunal for a stay on the process of his retirement. After the CAT had granted a stay, Sharma had later withdrawn the case and made a plea for continuation of service, which was allowed in 2008.

Dhumal has termed the case fabricated against him and officers as an act of political vendetta. “This is not one example to quote as how Chief Minister has tried to file false and frivolous cases. I am not afraid of such cases,” said Sharma.