2017 HCS (judicial) paper leak: Former HC registrar among 2 get 5-yr jail

The examination for 109 HCS (judicial) posts was conducted on July 16, 2017. Following a petition in the HC in August 2017, an HC probe panel had found that the paper was leaked.

A Delhi court on Thursday sentenced two accused, including a former registrar (recruitment) of the Punjab and Haryana high court, to five-year jail in the 2017 Haryana Civil Services (judicial) examination paper leak case.

The court released the third convict Sushila on period already undergone during the trial. The court, however, imposed a fine of ₹10,000 on her.

Principal district and sessions judge Anju Bajaj Chandna also imposed a fine of ₹1,50,000 on Balwinder Kumar Sharma, the then HC registrar (recruitment) and ₹60,000 on Sunita, the main accused in the case.

The court released the third convict Sushila on period already undergone during the trial. The court, however, imposed a fine of ₹10,000 on her.

The examination for 109 HCS (judicial) posts was conducted on July 16, 2017. Following a petition in the HC in August 2017, an HC probe panel had found that the paper was leaked.

The FIR in the case was registered in September 2017. The matter was transferred to Delhi by the Supreme Court in February 2021.

“To sum up, the circumstances are incriminating in nature, form a complete chain and are consistent with the culpability of accused persons and inconsistent with their plea of innocence”, the court had concluded in its judgment convicting the three accused.

The court had convicted Sunita under sections 120B (criminal conspiracy), 409 (criminal breach of trust by public servant, or by banker, merchant or agent), 411 (dishonestly receiving stolen property) of the Indian Penal Code and 13(1)(d) of the Prevention of Corruption Act (PC Act). The court convicted Sharma, additional district and sessions judge who was posted as registrar (recruitment), under sections 120B and 409 of the IPC and 13(1)(d) of the PC Act.

The court convicted Sushila under section 411 of the IPC. While convicting the three accused, the court acquitted six other accused in the case noting that the prosecution was not able to prove their culpability beyond reasonable doubt.

The court in its judgment concluded that Sharma was the most potential source from where the question paper could have leaked as he was having the possession of the question papers and had provided the same to Sunita.

“The ingredients of the offences punishable under

Section 409 IPC and under Section 13(1)(d) of Corruption Act are made out against accused Balwinder Kumar Sharma as he in the capacity of a public servant had exclusive possession of the

final question paper of HCS (judicial) preliminary examination-2017 and by virtue of his assignment as such, he was under solemn obligation to maintain the sanctity and integrity of the competitive exam. However, accused Sharma provided the question paper to his close friend accused Sunita who got the benefit and secured highest marks”, the court noted in the order.

It also noted that since Sunita was in a close relationship with Sharma she got the copy of the paper from him and had negotiated with the third accused Sushila and one other candidate Suman --- who later filed the complaint alleging paper leak --- to share the question paper on a payment of ₹10 lakh.

“This cannot be taken as co-incidence that the candidate in close relationship with the then registrar (recruitment) tops the examination. The detailed vigilance enquiry also resulted in findings against accused Sunita, Balwinder Kumar Sharma and Sushila”, the court further observed in the order while convicting the trio.

The court in its order also remarked upon the detrimental effect that paper leaks have upon the candidates sitting for the examinations.

The court further added that to restore the faith of the candidates in the examination process, the issue of paper leaks has to be dealt with by effective implementation of stringent laws.