New Delhi, Dec 16 The Delhi High Court has upheld charges against Dr. Balwinder Kumar Sharma, former Registrar (Recruitment) of the Punjab and Haryana High Court, in connection with the paper leak of Haryana Civil Services (Judicial Branch) Preliminary Examination, 2017.
Justice Dinesh Kumar Sharma stated that the evidence indicates Sharma's possession of the question paper immediately before the alleged leak.
Pointing out the sensitive nature of the case, the court noted that the required evidence is primarily digital or documentary.
The charges were initially framed on January 31, 2020, by a sessions court in Chandigarh, a decision upheld by the Delhi High Court.
In 2021, the Supreme Court transferred the trial to the national capital following Sharma's plea. The case is currently pending before the Court of Learned Principal District & Sessions Judge-Cum-Special Judge (PC Act/CBI), Rouse Avenue Court.
Sharma, suspended and transferred to Ropar by the Punjab and Haryana High Court after the paper leak, was later arrested.
The charge sheet includes Sections under the Prevention of Corruption Act, 1988, and the Indian Penal Code, 1860.
Dismissing Sharma's plea, the court clarified that at the charges stage, the accused cannot submit documents, unless exceptionally preposterous.
In this case, the court found no such material, asserting the prosecution's claim of Sharma's constant communication with co-accused Sunita.
Regarding digital evidence, the court noted that cases involving such evidence cannot be dismissed at the initial stage.
The court's jurisdiction in entertaining revision petitions is limited to instances of serious illegality, infirmity, or perversity in the trial court's order, which the court did not find in this case.
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