CNG Fitness Test ‘Scam’ 2002: Manish Sisodia orders fresh probe, Jung says not needed

On Tuesday morning, Sisodia issued an order to re-investigate the case stating that “perusal of the facts in the file indicates that attempts were basically made to sabotage the case and the investigation”.

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The order talks about the emergence of “new evidences and other documents related to the case”. The documents in question have been mentioned in the order including the ‘Letter of ESP India Pvt Ltd dated 21.8.2006, letter of ESP Inc to the Registrar of companies at Maharashtra dated 29.6.2006 and the certificate of authorisation dated 1.5.2008. Sources said that the authorisation letter is of ESP USA to do business in India. However, sources said that the letter has not found any reference in the interrogation report of ESP USA’s Director Nitin Manawat, who was arrested. Also, Manawat sources said, never made any mention of this order before court during trial.

“It is seen from the record that the ACB has received three additional documents resulting in expansion/widening of the scope for further investigation into case FIR no 21/12 (the original FIR in the scam registered by the ACB on the complaint of RTI activist Vivek Garg).”

“As pointed out by the Additional Commissioner, ACB, this requires re-investigation of all the angles contained in the FIR and to re-examine the criminality/corruption angle in the said case as the allegations contained are serious involving financial loss to the state,” the order states.

Further, referring to the parallel investigations conducted by the Central Bureau of Investigation last year, the order states, “The CBI in their preliminary inquiry had also questioned various aspects including certain observations upon the investigation done by the ACB. It is unfortunate that the officers, who were investigated upon by the ACB, commented and decided to make observations upon the fate of the case. Perusal of the facts in the file indicates that attempts were basically being made to sabotage the case.”

However, hours after Sisodia’s order, the L-G’s office issued a press statement, saying “based on the facts placed before him, the Lieutenant Governor had observed that there may have been omissions in checking the collection of fee for the conduct of tests by ESP India. He directed the government that on these lapses, the government should institute an appropriate inquiry to quantify the excess amount charged by the operator and fix responsibility for administrative and other lapses, if any. The Lt-Governor had noted that the government should initiate disciplinary action against all those found to be responsible and that no leniency should be shown in this matter. The inquiry was to be set up immediately to be monitored at a senior level within government.

“An Inquiry Committee was set up headed by Justice Mukul Mudgal, former Chief Justice of the Punjab and Haryana High Court, to inquire into the complaints regarding ESP India Pvt. Ltd. regarding the omission on the part of officers. Justice Mudgal concluded: “The committee notes with satisfaction that in spite of this lack of application of mind, there appears to be no mala fide on the part of any functionary of the Government in processing the proposal.”