In a major action in alleged corruption in formulation and implementation of the Delhi Excise Policy 2021-22, Delhi Lieutenant Governor Vinai Kumar Saxena on Saturday recommended suspension and initiation of major disciplinary proceedings against 11 officials, including then Delhi Excise Commissioner Arava Gopi Krishna, a 2012 batch IAS officer of AGMUT (Arunachal, Goa, Mizoram and Union Territories) Cadre and Deputy Excise Commissioner Anand Kumar Tiwari, over their alleged involvement.
Krishna is currently posted in the Union Territory of Dadra and Nagar Haveli and Daman and Diu. According to sources, the LG has recommended the Ministry of Home Affairs for suspension and major disciplinary actions against Krishna and Tiwari.
Tiwari was the Deputy Commissioner to Deputy Chief Minister Manish Sisodia.
In the case of nine other officials, including three ad hoc DANICS officers, the Chief Secretary has been asked to take action against them.
The officials who have been suspended are Assistant Commissioner Pankaj Bhatnagar, Narinder Singh, Neeraj Gupta, Section Officer Kuljeet Singh, Subhash Ranjan and Suman and Dealing Hand Satya Brat Bhargav, Sachin Solanki and Gaurav Mann.
“The L-G has taken this decision in view of the serious lapses on part of the officers concerned, including irregularities in finalising the tender and extending post-tender benefits to select vendors, as brought out by the Directorate of Vigilance (DoV) in its report after inquiry,” sources in the L-G’s office said.
The action against the senior officers came following an enquiry report by Chief Secretary Naresh Kumar and the vigilance department.
The said enquiry report clearly brings out blatant violation of procedures, deliberate misinterpretation and subversion of basic Government financial rules to provide benefit to licencees/tenderers obviously for a quid pro quo.
Be it the formulation of the tender document, award of tenders, undue return of EMD worth `30 crore, waiver of `144.36 crore licence fee or allowing additional liquor vends by chosen licencees, the entire episode stinks of corruption and connivance.
“Officers of departments have tried to equate the failure of successful tenderer selected through bidding process in obtaining NOC from Airport Authorities, with unsuccessful bidders to justify the return of EMD amounting to `30 crore of a successful tenderer who failed to obtain NOC from the Airport authorities.
It is observed that there is a difference between an “unsuccessful bidder and a successful bidder failing to meet pre-defined requisites - in this matter an NOC from the Airport Authority”. Considering this condition, a successful bidder who has made an offer with an open eye after considering the tender conditions, can’t be extended benefits in terms of Rule 48 (10) of Excise Rules 2010 which is applicable for unsuccessful bidders,” sources added.
The inquiry report reveals that officers of the department have allowed prorata waiver on tendered license fees for closure of retail vends due to Omicron related issues, despite the fact that no such specific provision for compensation in form of reduction in tendered license fees was available in the tender document. It also observed that despite specific recommendation of the accounts branch for not allowing compensations more than actual reduction in sale, the officers moved the same and the minister in-charge vide direction dated 01/02/2022 directed to provide prorata license fee relief to each licencee of the closed vends.”
“The inquiry report establishing direct links of Sisodia to any misdeed that was carried out, points out that despite the finance department from the level of dealing hand to the Secretary (Finance) underlining specifically that the proposed changes/amendments in the Excise Policy 2021-22 were prima facie wrong and required approval of the Lt Governor, Sisodia blocked the note to this effect and returned the file to the Finance Secretary,” sources added.
The Chief Secretary, on July 8, had submitted a report to the L-G and Delhi Chief Minister Arvind Kejriwal alleging corruption and violations of ToBR Rule 57. The report also alleged major procedural lapses and the excise department giving undue benefits on the directions of Excise Minister Manish Sisodia, who is also under the lens of the CBI and Delhi Police’s EOW.
Sources said that it is further observed from the minutes of the meeting of the Tender Evaluation Committee (TEC) held on 04.08.2021 that there were serious allegations regarding proxy ownership. Violation of clause 23 of the tender related to common Directors between the bidding firms and manufacturers of liquor elsewhere in the country and non-inclusion of business in liquor sale in Memorandum of Association of the bidding firms, against the bidders.”
Following this report, the L-G, in July last week, directed Kumar to submit a detailed report on the role of the officers and civil servants in the illegal formulation and implementation of the policy.