CM Arvind Kejriwal VS LG: Lieutenant Governor V.K., on behalf of Delhi Chief Minister Arvind Kejriwal, has recommended suspending Chief Secretary Naresh Kumar and recommending a CBI inquiry. Expressing surprise over the request to VK Saxena, Saxena said, “The report which pertains to sensitive vigilance matters and has been sent to my secretariat under confidential cover, is already in the public domain.” The LG said that even the basic principles of investigation have not been followed in the present case and Vigilance Minister Atishi Marlena and the Chief Minister have referred the case to the CBI and ED, which are investigating within their competence as per established law. Is beyond.
Raj Bhavan sources said that in his letter to Kejriwal, Saxena said he had received a “initial report” on the “complaints” submitted by Atishi and supported by the chief minister. The source said the LG expressed surprise and termed it unfortunate that the report which deals with sensitive vigilance matters and is marked to his secretariat in confidential cover, is already in the public domain and its digital or electronic copies can be freely accessed. are available and details about it have been widely reported in the media. Saxena said, “Since a selected draft of the report has reportedly been leaked to the media, prima facie it appears that the entire purpose of this alleged investigation was not to find out the truth, but to start a media trial and expose the entire issue.” Had to be politicized.”
Mention of Saxena’s letter
Quoting Saxena’s letter to the Chief Minister, the source said, “One is forced to wonder whether this does not amount to creating bias in public perception, aimed at influencing the courts.” The source said Saxena also said in his letter that despite studying the contents of the report, the minister himself has recorded in his report on page 26 that this case of “illegal and excessive land compensation” was raised by DM Hemant Kumar. were passed, which are already under criminal investigation by the CBI. The source said the LG mentioned that it is pertinent to highlight that the proposal for a CBI probe was approved by him on recommendations received from Chief Secretary Naresh Kumar and Divisional Commissioner Ashwini Kumar.
The source said Saxena also mentioned that it is by now a clear and well-established position of law that suspicion, no matter how great, cannot take the place of legal proof and any allegation can only be based on conjectures and Cannot be verified on the basis of estimates. Referring to Saxena’s letter, the source said, “The minister’s emphasis in the report is on the alleged collusion of the District Magistrate, Divisional Commissioner and the Chief Secretary, which has resulted in loss to the government exchequer. However, even the basic principles of investigation are not immediately followed.” Has been done.” He further said that despite repeated scrutiny of the documents placed on record along with the report, no additional facts have come to light anywhere from which a claim of collusion of the officers against whom this prejudicial report has been submitted can be made.
Recommendation of action against DM
Saxena said that he could not find any document or evidence to prove this claim of Minister Atishi. The source said, it is clear from the available facts that as soon as the matter came to the notice of the Divisional Commissioner, it was registered in the file on June 2 this year itself and the investigation was started without waiting for judicial intervention. Referring to the LG’s letter, the source said that on the file recommending action against the then DM (South-West), it had come out with abundant clarity that the reason for action in this case was a judgment of the High Court, In which instructions were given by DM (Hemant Kumar) to mediate. This was followed by an exercise to re-evaluate the cost of the land to be acquired, which apparently suffered from serious deficiencies resulting in the cost being revised several times.
“It is a matter of record in the file that when these lapses came to the notice of the Divisional Commissioner and the Chief Secretary, they were immediately informed for rectification by the DM, who was advised accordingly, but to no avail. “That’s when action was recommended against him. Ignoring this series of events seems to be deliberate and ill-intentioned,” the source said, referring to the letter. He further said that the LG has also mentioned that no such fact has been brought on record anywhere to show that the concerned authorities did not act promptly. Referring to the letter, the source said, “In fact, both the Chief Secretary and the Divisional Commissioner displayed remarkable administrative discretion.” The source said that the LG said in his letter that no purpose will be served by connecting a few points here and there without an unbroken chain of evidence.
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