The wings of Delhi Government’s Anti-Corruption Branch (ACB) have been clipped by the Ministry of Home Affairs (MHA) but a bit has been retained. In a significant development, the MHA has clarified to the Delhi Government that ACB will go ahead with the probe of cases registered by it against the Central Government officials and functionaries. The change in the Anti-Corruption Act will be prospective and henceforth the ACB will investigate matters of corruption pertaining to the officers of Delhi Government only. The clarification by the MHA vis-Ã -vis the amendments in the Anti-Corruption Act means that ACB will go ahead with its probe against Reliance Industries limited (RIl) and former Union Petroleum Minister Veerappa Moily registered during the regime of Arvind Kejriwal Government.
Curtailment of the powers of the Anti-Corruption Bureau has direct fallout as the lieutenant Governor of Delhi cannot order any probe on the officers of departments that are not directly under the control of the Government of National Capital Territory (GNCT). The new notification issued by the Union Territory section of the MHA has made it clear that ACB can investigate the officers and employees of the Government of the National Capital Territory of Delhi only.
This will effectively put employees of three Municipal Corporations — New Delhi Municipal Council (NDMC), Delhi Development Authority (DDA), Delhi Jal Board (DJB), Delhi State Industrial Infrastructure Development Corporation (DSIIDC) and Delhi Tourism Transportation Development Corporation (DTTDC) — out of the purview of ACB. In other words, the anti-graft wing of Delhi Government cannot launch a probe against employees of the civic agencies and the Government-owned corporations.
The amendment has drastically downsized the powers of the ACB as important departments of the Delhi Government have been put under the purview of Central Bureau of Investigation (CBI).Meanwhile, the Aam Aadmi Party (AAP) was quick to seize the opportunity to criticise the Centre for curtailing the powers of the ACB. However, the amendments by the MHA have ensured that ACB can go ahead with its ongoing investigations in the cases. The most notable of these is the case against the RIl and Moily. This was registered on the orders of the then Chief Minister Arvind Kejriwal.
“Confusion prevails over the notification that employees of MCDs, DDA, and Jal Board shall report to lieutenant Governor but ACB cannot probe the officials on allegations of corruption. The notification has curtailed the powers of the lieutenant Governor (l-G) in such matters. This means that ACB cannot take action on the recommendations of l-G but can report to him,” said sources. The State Government is all set to oppose the move and is going to write to the MHA in this regard.
Sources said that with the exclusion of DDA, three MCDs, Jal Board, DSIIDC, DTTDC employees and officials, over 60 per cent employees have been kept out from the purview of the ACB. It would be pertinent to mention that most of the corruption cases come from the three Municipal Corporations. DDA, and DJB and the Delhi Government have been reduced to a non-entity in this regard after the MHA notification, they added.