Delhi LG junks report on chief secretary, AAP hits back

Arvind Kejriwal recommended Kumar’s suspension and immediate removal as chief secretary.

Lieutenant governor VK Saxena has refused to consider a report by the Delhi government seeking action against chief secretary Naresh Kumar over alleged irregularities in acquisition of land for the Dwarka expressway, saying the report by is “prejudiced” and “devoid of merit”, officials in the LG secretariat said on Sunday, triggering a sharp reaction from the Delhi government which termed it a “brazen attempt” by the LG to protect his “favourite officers”.

Delhi Lieutenant Governor VK Saxena (HT_PRINT)

Read here: Arvind Kejriwal writes to Delhi LG seeking chief secretary’s removal

The development comes four days after the chief minister Arvind Kejriwal wrote to the LG recommending Kumar’s suspension and immediate removal as chief secretary. Kejriwal also recommended the LG to send the 650-page report, submitted by vigilance minister Atishi, to the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) for further investigation.

The 19-acre land in question was acquired by the National Highways Authority of India in 2018 for the construction of the Dwarka Expressway in south-west Delhi’s Bamnoli.

Atishi on Tuesday submitted the preliminary probe report to the chief minister and said that the probe has found that Kumar benefited a company linked to his son with ₹897 crore of “illicit profits”.

In the report, the minister recommended the suspension of the chief secretary and divisional commissioner Ashwani Kumar so that they do not influence the probe along with an investigation by CBI.

According to the officials, the LG also objected to selective portions of the report “which deals with sensitive vigilance related matters” being leaked to the media. In his note, Saxena said that “the whole motive of this supposed inquiry was to start a media trial and politicise this whole issue”, the official said.

In a file noting, the LG said that the report by the vigilance minister is based on “preconceived assumptions and presumption” and “could very well go on to hamper the ongoing investigation, instead of facilitating it”, according to the officials. They said the LG the thrust of the report seems to be on the “alleged connivance of the district magistrate, the divisional commissioner and the chief secretary” but the “basic principles of enquiries have not been followed” in the case.

“I could not find any document and evidence to substantiate this claim of the minister. From available facts, it is crystal clear that as soon as the issue came to the knowledge of divisional commissioner, it was recorded on file on June 2, 2023 and triggered the investigation, without waiting for judicial intervention,” the LG said.

In a statement, the Delhi government hit out at the LG, saying if the senior officials have done nothing wrong, why the LG was “obstructing an enquiry against them?”. “The minister’s report was prompted by a whistleblower’s complaint and media reports highlighting CS’s role in the scam, yet the LG has chosen to launch a political attack on the government itself. In all fairness, all available evidence should be forwarded to CBI to enable an impartial enquiry”.

While considering the report, Saxena said the case was already under criminal investigation by CBI and the proposal for CBI probe was approved by him on the recommendations received from the chief secretary and the divisional commissioner.

Read here: Delhi minister Atishi writes to CBI, ED for probe against chief secretary

The Delhi government contested the LG’s observation, saying the CS and the divisional commissioner ordered the probe only after strong objections raised by Union minister Nitin Gadkari and the NHAI after a joint inspection of the highway project on May 15, 2023.

Responding to LG’s observation that Atishi referred the matter to CBI without having the constitutional mandate, the Delhi government said the matter was already registered with CBI and now, any citizen, who has any evidence in that case, can send approach the agency.

No response was immediately available from Kumar on Sunday. He has earlier denied any wrongdoing.