CHANDIGARH, July 7: Former Punjab chief secretary V.K. Khanna today moved the Punjab and Haryana High Court, seeking quashing of a chargesheet filed by the Punjab government against him for having recommended an inquiry against three senior IAS officers to the CBI during his tenure as chief secretary.Taking up the petition, a division bench comprising Justice J.L. Gupta and Justice N.C. Khichi issued a notice for July 27 to the Punjab government, Chief Minister Parkash Singh Badal, Chief Secretary R.S. Mann, PSEB chairman Bikramjit Singh and the Central Administrative Tribunal (CAT) through its registrar.Khanna, in his petition, has challenged the CAT order dismissing his plea for quashing the chargesheet against him. He has also sought a stay on the disciplinary proceedings against him till the pendency of the petition, and that such proceedings be carried out by the Union of India alone, if so required.He has also alleged that a writ in the nature of prohibition may kindly be issued in favour of the petitioner and against the Punjab government, the Chief Minister, the chief secretary and the PSEB chairman, directing them not to harass and victimise him in a mala fide manner and vengeance because he had referred two inquiries to the CBI against Mann and Bikramjit in compliance with the orders of the previous Congress government.Khanna, a Punjab-cadre IAS officer of the 1963 batch, has also challenged Rule 7(1) of the All India Services (Discipline and Appeal) Rules, 1969, as amended in 1975, which he has termed ultra vires of Articles 14, 16 and 312 of the Constitution as it provides different disciplinary authorities for members of all-India services.Rule 7(1) empowers a state government not only to institute disciplinary proceedings but impose penalty on a member of the all-India service allocated to the state cadre. He said that Rule 7 inserted in 1975 could not be made applicable to officers who joined service prior to 1975.Khanna said that on the orders of the then chief minister, Rajinder Kaur Bhattal, he as chief secretary had made references to the CBI for inquiry against R.S. Mann and I.S. Bindra, for their alleged role in allotment of government land and money to the Punjab Cricket Association for constructing the S.A.S. Nagar cricket stadium, and against Bikramjit Singh for allegedly possessing assets disproportionate to his known sources of income. Khanna was charged with acting in a mala fide manner, showing undue haste while making reference to the CBI besides allegedly fabricating the record with malicious intent and violating the election code issued by the Election Commission.
