Case against IAS: No prior approval needed, says VB in reply citing judgments

Chief secretary Vijay Kumar Janjua to study VB’s reply and is likely to submit his report to CM today

Under fire from the IAS officers for registering an FIR against 2008-batch officer Neelima and others in a land transfer and bifurcation case “without following the due procedure”, the Punjab Vigilance Bureau (VB) is learnt to have stuck to its stand in its report to chief secretary Vijay Kumar Janjua that there was no need for prior approval from the state government in this case.

The VB, in the report submitted by its chief director Varinder Kumar on Wednesday, has stated that the case has been registered rightfully, and the objection pertaining to “mandatory” prior permissions from the state government under section 17-A of the Prevention of Corruption Act cannot be invoked in this case.

The VB, in the report submitted by its chief director Varinder Kumar on Wednesday, has stated that the case has been registered rightfully, and the objection pertaining to “mandatory” prior permissions from the state government under section 17-A of the Prevention of Corruption Act cannot be invoked in this case. The agency has also cited at least four judgments of the Supreme Court and Punjab and Haryana high court in support of its stand and handed over copies of the same to the chief secretary, said an officer privy to the developments, requesting anonymity.

The VB report also said that the IAS officer as managing director of Punjab small industries and exports corporation (PSIEC) had given approval to bifurcate a 25-acre plot into 125 smaller plots. The chief secretary will study the agency’s reply and judgment and submit his report to chief minister Bhagwant Mann on Thursday, according to sources. He is also expected to meet the chief minister before handing over the report. “I will submit my report tomorrow,” Janjua said, adding, “It is to be seen whether the government agrees or disagrees with the VB report.”

The chief minister gave the direction to the chief secretary after more than 50 IAS officers, along with office bearers of the Punjab IAS Officers’ Association, met him at his office in the civil secretariat to register their protest against the registration of the FIR against Neelima and others without following due procedure. The IAS officers told the CM that mandatory prior approval was not taken by the VB from the competent authority under Section 17A of the Prevention of Corruption Act. They also said that the provisions of the Act make it mandatory for police or anti-corruption agency to take prior approval from the government for conducting an inquiry or enquiry or investigation into any offence alleged to have been committed by a public servant. The delay in the report, which was to be submitted within 24 hours, has irked the IAS officers further. They are preparing for a legal battle in support of their colleague, and some of them also started contributing money on Tuesday for the same.

Industries dept takes on VB online

The industries department, which has repeatedly rejected the charges of irregularities in the transfer and bifurcation of the plot to cause undue benefit to real estate firm Gulmohar Township Private Limited, on Wednesday shared details of the project and approvals on its official website to clear the air and counter the allegations in the FIR registered by the vigilance bureau or being made in government circles. In a document titled “Fact-Check in Gulmohar Case”, the department has denied the allegation of loss of ₹600-700 crore to the state exchequer, stating that the allegation is false and fabricated as the property is completely private and VB in its FIR has also failed to mention how the loss was caused. “There is no loss to the government. In fact, the government has gained in the form of bifurcation fees, transfer fees and stamp duty/registration fees. Apart from the indirect benefit of utilization of the vacant plot for industrial purpose as there is a greater demand for smaller plots for IT and other industries in Mohali,” it said.

On alleged illegality committed in the bifurcation of the plot by PSIEC, the department said there is no illegality in the bifurcation of the plot as it was done as per the policy of the corporation approved by its Board of Directors (BoD) in 2005 and being followed thereafter. Another allegation is regarding tampering with the official record to change the plan of bifurcation from 12 plots to 125 plots, to which the industries department has stated that there seems no purpose for tampering with the record as the bifurcation to 125 plots is already permissible as per the applicable policy. “Moreover, the applicant submitted their application seeking bifurcation in PSIEC on 16.03.2021 enclosed therewith duly signed single plan depicting bifurcation/ fragmentation of 25-acre plot into 125 plots,” it said.