Probe into DDCA brings CNG fitness scam into limelight

The AAP government’s move to order a commission of inquiry headed by senior lawyer Gopal Subramaniam to look into alleged financial irregularities in the Delhi District Cricket Association during Union finance minister Arun Jaitley’s 14-year tenure as its chief has raised questions over the outcome of a similar probe which chief minister Arvind Kejriwal had ordered on August 17 to investigate the CNG fitness scam. The CNG fitness inquiry commission has reportedly been given a six-month extension as it had failed to finalise a report within first three months of its deadline.

The Kejriwal government had ordered the CNG fitness scam probe under the chairmanship of retired high court judge S.N. Aggarwal. The government’s move had led to a major confrontation with the Union home ministry declaring that the CNG commission of inquiry was “legally invalid and void.”

The CNG inquiry commission had even forced the L-G’s office to issue a statement stating that the “home ministry has conveyed that the Government of NCT of Delhi is not the competent authority to set up a commission of inquiry to probe into the alleged scam. The home ministry termed the commission of inquiry constituted by the GNCTD as legally invalid and void ab initio.”

The AAP had hit back by accusing lieutenant-governor Najeeb Jung of trying to shield the officers found guilty by a CBI probe into the scam which was detected by the Delhi government’s anti-corruption branch in 2012.

“The inquiry commission will look into all investigations and developments that have taken place so far in this case, including wrongful denials of sanctions to prosecute guilty officials and dereliction of duty in taking action against those involved in the scam,” Delhi home minister Satyendar Jain had said after the appointment of the commission.

While the CNG inquiry commission was set up for a period of three months, with a budget of about '20 lakh, a highly-placed source said it had failed to complete the probe in the scheduled time frame as it had reportedly exhausted all the funds. Of '20 lakh allocation for the commission, about '4.5 lakh were paid every month to Justice S.N. Aggarwal (Retd). Now, the AAP administration has reportedly extended the time frame of the commission by six months.

Earlier, the commission had hogged the headlines for issuing a non-bailable warrant against Delhi anti-corruption branch chief Mukesh Kumar Meena for not sharing information with it related to the '100-crore fitness scam. The commission had also ordered to attach 30 per cent salary of the ACB head.

The CNG fitness scam was unearthed by RTI activist Vivek Garg who had alleged that the contract for conducting lane test of commercial vehicles before granting fitness certificates was granted to ESP India without inviting any tender in 2002. Mr Garg had sought registration of FIR against the then chief minister Sheila Dikshit, former transport minister Arvinder Singh Lovely, ex-transport commissioner R.K. Verma and ESP India. But the Delhi ACB had earlier given a clean chit to Ms Dikshit and Mr Lovely by claiming that no irregularity was found on their part while awarding the contract to ESP India for conducting fitness tests of commercial vehicles in the national capital.

Now, the big question is whether the L-G will give a green signal to the Kejriwal government for setting up of another commission of inquiry to probe the DDCA scam. The commission of inquiry is being set up under a Central Act of 1952 which extends to the whole of the country.

The Act was amended later to give powers to the governments to notify such commissions in Jammu and Kashmir, Goa, Daman and Diu, Dadra and Nagar Haveli, Pondicherry and in districts of Kohima and Mokokchung in Nagaland.

The Commission of Inquiry Act states: “The appropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by each House of Parliament or, as the case may be, the Legislature of the State by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly.”