Following the directions of the Ministry of Home Affairs (MHA) not to go ahead with the disciplinary proceedings against Joint Commissioner of Police and Anti-Corruption Branch chief Mukesh Kumar Meena initiated by Chief Minister Arvind kejriwal, lieutenant Governor Najeeb Jung has refused to proceed with the disciplinary proceedings against Meena.
Calling the disciplinary proceedings against Meena as ‘untenable’, the Home Ministry has stated that ‘police and public order in Delhi’ were the subject matter of the Central Government. “Ministry of Home Affairs has therefore advised Delhi Government not to proceed further in the matter. It is requested to take action accordingly,” the order issued by Raj Niwas said.
Top sources told The Pioneer that the Home Ministry has conveyed the Delhi Government that the subjects “police” and “Public Order” in Delhi, understood in its fullest permissible amplitude, is a subject matter within the exclusive of the Central Government under Article 239AA (3)(a).
“The Ministry of Home Affairs has been assigned the role of the State Government with respect to the management of the UT cadre under Allocation of Business Rules by the Government of India. Since the Delhi Government is a Union Territory, the MHA plays the role of State respect of others of AGMUT cadre working in all UTs including Delhi. Therefore under Rule 7(a) of All India Services (disciplinary and appeal rules 1969), the MHA is the disciplinary authority for the officers working in all Union Territories,” the order said.
Meena is an IPS officer of the AGMUT cadre. The MHA also reiterated that under the joint rules, it had been nominated as the disciplinary authority of the AGMUT cadre officers. Sources said the MHA had also advised the Delhi Government not to proceed further in the matter.
In October, Kejriwal had written to the lieutenant Governor initiating disciplinary proceedings against Meena.
The Chief Minister had first sent a show-cause notice to Meena accusing him of intimidating his juniors, keeping the FIR book to himself and overstepping his jurisdiction in the ACB.
Meena had refused to reply to the Delhi Chief Minister and threatened him of legal action if he was subjected to more harassment.
Kejriwal has been at loggerheads with the ACB chief ever since he was appointed to head the anti-graft unit by the lieutenant Governor. Prior to Meena’s appointment, Kejriwal had hand-picked another officer, Additional Commissioner SS Yadav, seven years junior to Meena, as the ACB chief.
The Chief Minister has refused to acknowledge Meena as the ACB chief stating that there was no post for joint commissioner-rank officer in the ACB. However, in the past, at least three joint commissioner-rank officers had headed this unit.
Some months ago, the Delhi Government had even issued orders sending him back to the Delhi Police.
In another order, Meena was shunted out of the anti-corruption operations and given charge of only training and follow up of the ongoing court cases. Meena has, however, accused Kejriwal of harassing him and alleged the Government of not handing over the complaints received at the helpline number.