Delhi LG hits back after AAP govt questions ACB probe, tussle intensifies

Saxena responded that portions of Sisodia’s letter were “factually and legally incorrect”.

Delhi’s lieutenant governor (LG) VK Saxena on Tuesday wrote to chief minister Arvind Kejriwal, asking him to advise ministers to refrain from “unproductive and poorly evidenced assertions” in the interest of good governance.

Delhi chief minister Arvind Kejriwal. (ANI File Photo)

The letter came six days after deputy chief minister Manish Sisodia wrote to Saxena, urging him to withdraw the sanction given to the Anti-Corruption Branch (ACB) to probe allegations of irregularities in the construction of seven temporary hospitals by the Delhi government’s Public Works Department (PWD) during the Covid pandemic.

Sisodia said in his letter that the decision was incorrect both in terms of “law” and “effective governance”, and pointed out that Saxena’s predecessor Anil Baijal had denied sanction for a probe after examining the merits of the case filed by Bharatiya Janata Party MP Manoj Tiwari.

Saxena responded that portions of Sisodia’s letter were “factually and legally incorrect”.

“It is both sad and surprising to note that the deputy CM has made factually and legally incorrect statements on the subject matter while unnecessarily politicising a desirable administrative action. Needless to state, the permission for conducting enquiry into the complaint of corruption against officials of PWD has been granted after careful examination and strictly in accordance with the Prevention of Corruption Act, 1988 and the provisions of law as settled by the hon’ble courts,” Saxena wrote.

Saxena also refuted the claim that Baijal had dismissed the complaint.

“Given the fact that the alleged irregularities in the above case are yet to be enquired into by ACB, the assertion of the deputy CM that the matter was closed by my predecessor after conducting thorough inquiry appears strange. The notings in the file bear out the fact that the case was never closed and as such the claim that the case has been reopened is entirely incorrect,” the LG said.

“You may recall that during our meetings, we have always agreed upon the policy of ‘zero tolerance’ against corruption. Accordingly, I would like to reiterate my commitment towards fighting corruption and expect your cooperation in this endeavour. In the interest of good governance, I would further urge you to advise your Hon’ble Ministers to refrain from such unproductive and poorly evidenced assertions, which are both misleading and obstructive in nature,” Saxena added.

The exchange between the LG and government comes in the backdrop multiple confrontations in a little over a month between the two sides— on topics ranging from the LG holding meeting with the Delhi Jal Board (DJB) officials on water crisis, to alleged delay in granting administrative approval to Kejriwal’s Singapore visit, among others.

Though the Delhi government spokespeople declined to comment on the latter, a Delhi government official who asked not to be named contended that granting permission for enquiry under PC Act does “not fall under the purview of ‘services’, and is therefore within the jurisdiction of the elected government”.

“The PC Act gives a maximum of four months to any government to give permission for enquiry. The fact that the previous LG neither gave any permission nor sought advice of elected government in those four months indicates that he did not find any merit in the complaint. Baijal was aware of his statutory duties. His silence on the file indicates that he prima facie did not find any merit in the complaint,” the official said.