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Courts continue to protect fraud IAS Puja Khedkar from arrest, blame police for not completing investigation

Justice Sharma pronounced, "You must have to justify your attempts," while Justice Nagarathna instructed Raju, "You must track up this investigation steadfastly." The next hearing of the case is scheduled for 15th April.

On 18th March Puja Khedkar, a former IAS probationary officer, was granted interim protection by the Supreme Court, again. While providing interim protection from arrest to Khedkar, the apex court questioned the Delhi police about the incomplete inquiry into the matter even when she claimed to be willing to cooperate in her affidavit, reported LiveLaw.

Khedkar is charged with submitting fraudulent OBC and PwD certifications for the Civil Services Examination administered by the Union Public Service Commission (UPSC). Her earlier interim protection ended on 17th March.

Khedkar had filed an anticipatory bail application, which was being heard by a bench of Justices BV Nagarathna and Satish Chandra Sharma. She had been given temporary protection from arrest by the court in January.

Prosecution highlights the extent of Khedkar’s fraud, insists on custodial interrogation, court says ‘no’

Additional Solicitor General S.V. Raju told the court that the Delhi Police must conduct a custodial interrogation to look into the “larger scam” of phony documents that UPSC hopefuls submitted. However, Justice Sharma asked what the distinction would be between custodial interrogation and regular interrogation.

Raju also argued that Khedkar’s OBC quota, disability and other factors entitled her to nine exam attempts. She attempted more, though, by changing her name and fabricating documents, which was against the law. The names of the middlemen involved must be obtained through a custodial interrogation, the prosecution insisted. “We have found that this is a scam which may involve persons who are involved in giving certificates, etc. We want to investigate whether hers is an isolated case or there is a larger number of cases,” he submitted.

“If larger number of cases, you can investigate. She is not the kingpin who is issuing certificates,” Justice Sharma retorted. According to Justice Nagarathna, Khedkar does not necessarily need to be detained to reveal the source from which she gained the falsified certifications. Khedkar’s attorney refuted the allegations of fabrication by claiming that she had made three attempts at the UPSC since receiving a low-vision handicap diagnosis in 2018. Therefore, her efforts as a disabled candidate have not been completely expended.

“Since 2012, I had been attempting the UPSC examination and in 2018, for the first time, I was found to be eligible for 40% disability which entitles me to nine attempts,” he alleged. The court did note, however, that a disabled or abled individual cannot make a varied number of attempts. “No, no, total number of attempts (has to be that). You cannot have separate attempts for abled and separate attempts for disabled.”

Justice Sharma pronounced, “You must have to justify your attempts,” while Justice Nagarathna instructed Raju, “You must track up this investigation steadfastly.” The next hearing of the case is scheduled for 15th April.

Judiciary comes to Puja Khedkar’s rescue, again and again

The Delhi High Court on 12th August 2024 awarded interim protection from arrest to Khedkar until 21st August. The court then asked the relevant officials at the Delhi Police and UPSC for a response in light of her petition. Despite opposition from the Delhi police and UPSC, the court again extended her interim protection from arrest till 29th August at the subsequent hearing on 21st August.

On 29th August she informed the Delhi High Court that the UPSC had no power to dismiss her after her appointment and selection, and that the center’s Department of Personnel and Training (DoPT) would be responsible for taking any action against her. She refuted the UPSC’s allegations of fraud and manipulated documents in a four-page rebuttal, asserting that she did not alter or distort her name to the commission or change her first and last name between 2012 and 2022.

Afterward, the court once again allowed former probationary Indian Administrative Services (IAS) personnel temporary protection from arrest, extending it until 5th September. Khedkar told the Delhi High Court on 5th September that she was open to undergoing a medical examination at AIIMS following the police’s charge that one of her handicap certificates was fake. She coveyed, “I am willing to get myself medically examined. First, they say I changed my name. Now they say disability is questionable. I am willing to go to AIIMS.”

The court then scheduled a follow-up hearing for 26th September, pointing out that the police had requested an additional 10 days to do a further inquiry. Furthermore, the court extended Khedkar’s interim protection until that point. The Delhi High Court then maintained the same on 26th September. Any respite for Khedkar, the Delhi Police had conveyed, would compromise their probe into the long-running conspiracy as the case has wider implications for public confidence and the integrity of the civil services examination.

Puja Khedkar’s multiple frauds

Puja Khedkar was permanently barred from all upcoming examinations and selections by the Union Public Service Commission (UPSC) last year, which also canceled her selection. She was accused of “misrepresenting information” in her application for the UPSC Civil Services Examination, 2022, and a formal complaint was filed against her in Delhi. Khedkar caused a commotion in the state’s political and administrative circles in June 2024 when she was transferred for abusing her position as Pune Collector. Her handicap and OBC certificates are also being examined.

According to a report that Pune Collector Suhas Diwse submitted to the General Administration Department, Khedkar made numerous demands for a separate cabin, automobile, living accomodations and a peon even before she joined her duty. She was informed that she would be given accommodations and she was not entitled to other services while on probation. Her father and she also issued threats. “The father-daughter duo are making unfair demands and harassing the officers for demands that cannot be fulfilled,” an officer unveiled.

According to Diwse’s report to the GAD, she should not be permitted to continue her training in Pune. She was also charged with taking down a senior official’s nameplate from the Pune Collector’s office after he gave her permission to use his ante-chamber as her workspace.

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