Ordinance row: Delhi minister Saurabh Bharadwaj says reinstatement of vigilance official ‘illegal’

Bharadwaj, in his order, a copy of which was seen by HT, stated that he is the competent authority to allocate work among officers in the department

A day after the directorate of vigilance reinstated its special secretary YVVJ Rajasekhar, vigilance department minister Saurabh Bharadwaj termed the order illegal and directed a probe into how the order was issued without his knowledge.

Delhi minister Saurabh Bharadwaj on May 13 divested Rajasekhar of all his work responsibilities over alleged graft charges. (ANI)

The minister in his order, a copy of which was seen by HT, stated that he is the competent authority to allocate work among officers in the department.

“Minister Incharge i.e. the undersigned is the competent authority in the matter of work allocation in the Department... (vigilance department) Order has been issued in the name of the undersigned whereas no such order has been approved by the undersigned. Therefore, the said order is unauthorised and is hereby declared invalid and illegal. No action should be taken as a result of this order...” the order said.

The directorate of vigilance on Monday issued an order stating that Rajasekhar, who was divested of duties by the Delhi government over graft allegations, will resume his functions as usual starting the same day. It had cited the ordinance promulgated by the Centre, which introduces a bundle of new provisions in the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, effectively nullifying a Supreme Court judgment which shifted the authority of controlling bureaucrats in the national capital from the lieutenant governor to the elected Delhi government.

“The Supreme Court constitutional bench had on May 11 held that the power to control bureaucrats serving in Delhi government lies with and shall be exercised by the elected government of Delhi, and the Ordinance issued on May 19 purports to establish an Authority for exercise of certain powers, but this does not include allocation of work within the Department. Therefore, I continue to be the Competent Authority for all aspects of work within the Department including allocation of work,” the order further read.

“A separate enquiry must be instituted to enquire how this unauthorised order (to reinstate work to Rajasekhar)....was issued,” it stated.

Bharadwaj on May 13 divested Rajasekhar of all his work responsibilities over alleged graft charges. The officer later claimed a midnight trespass was made into his room where important files including those pertaining to the chief minister’s residence renovation controversy, the Delhi government expenditure on advertisements, and excise policy, were kept, and some of them were photocopied. The Delhi government sealed the office and ordered a probe into the alleged trespass.

On Tuesday, HT visited the office located on the fourth floor of the Delhi Secretariat. It was unsealed and the security guards deployed outside the office for security were not present. According to an official aware of the matter, Rajasekhar worked from the office on Tuesday.

Bharadwaj in his order also gave five directions for immediate compliance, including withdrawing all files assigned to Rajasekhar and distributing them among other department officials.

“All work assigned to YVVJ Rajasekhar are withdrawn; work assigned to Rajasekhar in services department would be looked after by Special Secretary-II (Services) Kinny Singh who will directly report to Secretary (Services)... all the files with Rajasekhar should be handed over in the possession of Secretary (Vigilance) and should be kept in the safe custody of Secretary (Vigilance),” Bharadwaj stated in the order.

When contacted, Rajasekhar said that he has not received any directions. “I have not seen any such directions. In any case, the matter is still sub judice as it was earlier. Why I am being targeted? As far as I am concerned, we are all doing our work. Let me concentrate on my job.”