Dwarka e-way land case: Vigilance report says remove Chief Secy Naresh Kumar from post; he claims bid by AAP govt to malign him

Chief Secretary Kumar has termed the allegations and the inquiry an attempt by the AAP Delhi government to “defame” and “malign” him. He said he does not know the directors of his son’s firm and it was he who took action against IAS officer Kumar. The latter, meanwhile, was suspended by the MHA and is facing a CBI inquiry with regard to his alleged role in the matter.

As reported by The Indian Express last week, compensation against the acquisition of the 19-acre plot was increased from Rs 41.52 crore to Rs 353.79 crore in May. This led to action against IAS officer Kumar following a complaint from a lawyer with the Centre and the Delhi government, alleging that the son-in-law of one of the landowners is the director in a firm that employs the son of the Chief Secretary.

The inquiry, which the Chief Minister had asked Atishi to take up last week based on this complaint, recommended immediate removal of Kumar from the post of Chief Secretary as well as Ashwani Kumar from the post of Divisional Commissioner so they “do not influence the probe”. It also urged the CM to issue directions to seize files related to the matter from them “to prevent any tampering or destruction of evidence”.

What the report says

According to sources, the report alleges “a conspiracy by senior officers of the Vigilance Department”, including Chief Secretary Kumar, to undervalue the “scale of the scam” at Rs 312 crore when the actual compensation award “would have resulted in an illicit gain of Rs 850 crore to the beneficiaries”.

“It is clear that the business interests of the son of Naresh Kumar are closely aligned with the beneficiary landowners through a web of companies… the sequence of events… since Naresh Kumar took charge as Chief Secretary… indicates that he may have used his authority to enable a huge enhancement of compensation to the beneficiaries who have close business relations with his son…,” the report states.

The report also states that the Vigilance Department inquiry had not examined how beneficiaries purchased land in Bamnoli village “at only 7% of the circle rate in 2015”.

In her recommendation to the CM, Atishi alleged “a likelihood that the remaining 93% payment may have been done in cash”.
“… it appears it is not only a case of corruption but might involve money laundering as well, making it a case fit for investigation by the Enforcement Directorate under the Prevention of Money Laundering Act, 2002. The Chief Secretary and the Divisional Commissioner despite being aware of these facts did not require DOV to inquire into this aspect,” the report states.

Recommending disciplinary proceedings against both senior IAS officers, Atishi asked for the report to be sent to the CBI to provide the agency “a complete view of the facts” and expand the scope of its existing inquiry with regard to Hemant Kumar to investigate the “complicity of the Chief Secretary and Divisional Commissioner” with the suspended IAS officer and landowners.

“… it is recommended that the Chief Minister may directly send this report and make recommendations to the Lieutenant Governor, without involving the officers who are the subject matter of this report…,” it states.

Responding to the allegations, the Chief Secretary’s office said, “On what basis are such allegations being made?… If the landowners had purchased the land in 2015 at just 7% of the market rate, what was done by the Hon’ble Chief Minister, Minister (Revenue), Minister (Vigilance), and officers concerned since 2015 till date? Whether there were any interests of these persons in such alleged undervalued sale/purchase?”

“The Government of India has already referred this case of passing awards by arbitrator Hemant Kumar to the CBI… is all this being done to save Hemant Kumar by his political bosses and other vested interests? Are they fearful (Kumar will) spill the beans before the CBI? Let the CBI/ED also investigate such conspiracy being done by vested interests, including public authorities, to malign the Chief Secretary… Let the CBI call Atishi, Minister (Revenue & Vigilance), who has all the documents and has done an alleged preliminary inquiry in this matter, so that the role of all conspirators can be brought out.”

Atishi also alleged the Divisional Commissioner “repeatedly refused to provide files about this matter”, which appeared “suspicious and raises questions about his complicity”.

A day earlier, Ashwini Kumar had addressed a press conference defending the Chief Secretary and terming the entire episode “dirty politics”. “This is just dirty politics because he has ordered inquiries and taken action in several cases, be it CM house renovation, liquor, and matters of DJB… So, that is why such lies are being spread against him which has no base… These are nothing but an attempt to malign his name,” he had said.

Earlier, the Chief Secretary, who took the post in April 2022, had told The Indian Express, “… The issue of the enhanced compensation was raised when Union Minister Nitin Gadkari and the L-G visited the UER project (Dwarka Expressway), and NHAI officials mentioned it. The L-G then brought it to me. The Divisional Commissioner and I called the officer (Hemant Kumar) and sought an explanation and he gave some justification…”

He had added, “Despite directions to make changes, he was lingering, which enabled the compensation claimants to approach the court. My son has been working in the firm for a few years but the connection is being drawn now. I was the instrument for action against him (Hemant Kumar). I don’t know the relatives of the director of the firm my son works in. If I was supporting them, why would I seek action in the case…”