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SC grants interim protection to ex IAS trainee in case of cheating, fraudulent availing of quota benefits

By Jhanak Sharma      15 January, 2025 02:41 PM      0 Comments
SC grants interim protection to ex IAS trainee in case of cheating fraudulent availing of quota benefits

NEW DELHI: The Supreme Court on Wednesday granted interim protection to sacked IAS trainee Puja Khedkar from any coercive action in a case of cheating and fraudulently availing benefits under the OBC quota to clear the prestigious Union Public Service Commission (UPSC) exams.

A bench of Justices B V Nagarathna and Satish Chandra Sharma issued notice to the Delhi government and the UPSC on her petition challenging the Delhi High Court's December 23, 2024 order denying her anticipatory bail.

After several social media posts, the UPSC has lodged an FIR with the Delhi police crime branch on July 19, 2024 on the basis of complaints, alleging she had fraudulently claimed herself as OBC (non creamy layer) candidate and also claimed herself to be persons with benchmark disabilities. She was recommended as PwBD candidate in 2022 and got assigned Maharashtra cadre.

Arguing for her, senior advocate Sidharth Luthra contended the petitioner has been in protection but the High Court's order virtually indicted her.

He said the High Court's single judge bench of Justice Chandra Dhari Singh made very strong observations on merits of the matter, which might lead to her conviction.

Luthra also submitted that the petitioner has already been terminated. "She is out of job and pursuing her legal remedy," he said, to a query by the court as to what she was doing for now.

Also Read: HC rejects anticipatory bail plea by ex IAS trainee Puja Khedkar [Read Judgment]

The court, after issuing notice, fixed the matter for consideration on February 14.

"Till the next date, no coercive step should be taken against the petitioner," the bench ordered.

In her plea, the petitioner contended the High Court's December 23, 2024 order was erroneous for ignoring the facts of the matter. She claimed her selection was done after due clearance.

In its judgment, the High Court said it was prima facie satisfied that a strong case was made out against her.

It had felt her conduct was a part of a larger conspiracy which can only be revealed if the investigative agency is given the due opportunity to apprehend her and investigate the case without there being any chance to hamper the witnesses and the evidence.

"The present incident is a classic example of fraud committed not only with a constitutional body but the society at large and necessary interrogation is warranted to reveal all the aspects and attributes related to the said fraud committed against the nation," the High Court had observed.

Also Read: Did trainee IAS officer Puja Khedkar fake disability?

It had noted apart from owning luxury cars and various properties, the family of the petitioner i.e., the father and mother have held high positions in the executive.

According to the rules, a candidate belonging to OBC category must show an income below Rs 8 Lakhs and the petitioner herein had mentioned her family income as Rs 6 Lakhs (mother’s income) and had not mentioned anything about the income of her father as she has claimed to reside with her mother and does not have anything to do with her father, however, the documents submitted by her father makes it clear that the said claim is also untrue and her parents are living together with the petitioner, the HC had said.

The High Court also noted the petitioner’s family owns 23 pieces of immovable property as well as 12 vehicles registered in their name. The petitioner herself has three luxury cars in her name (BMW, Mercedes and Mahindra Thar) which is not possible with a meager family income of Rs 6,00,000 per annum, the bench had said.

On July 31, 2024, the UPSC cancelled the provisional candidature of the applicant from CSE-2022 and permanently debarred her from any future UPSC examinations.



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