The ongoing row between the Aam Aadmi Party (AAP) Government and the lieutenant-Governor (l-G) over transfers and postings of officers in Delhi reached a crescendo on Tuesday with the Arvind Kejriwal Government issuing transfer orders to its Secretary (Home Department) Dharampal, who had appointed Joint Commissioner of Police Mukesh Kumar Meena as the head of the Anti-Corruption Branch (ACB). Dharampal had reportedly notified Meena’s transfer order on the direction of lieutenant-Governor Najeeb Jung.
To make matters worse, the AAP Government was allegedly kept out of the loop on the arrest of Delhi law Minister Jitender Singh Tomar by Delhi Police which comes under the Union Home Ministry (MHA).
Taking a serious note of this move by the MHA, the Kejriwal Government has shunted Dharampal to the Ministry of Home Affairs. Jung, however, declared the Delhi Government’s order null and void as the Home Department falls under his jurisdiction.
The new ACB chief took charge late on Monday night and convened a meeting of his officers on Tuesday.
However, upping the ante against the 1989 batch IPS officer, the AAP Government refused to allow Meena to take charge as ACB chief and informed him that there was no sanctioned post of Joint Commissioner in the probe agency.
However, a defiant Meena said he would follow Jung’s orders and reportedly conveyed to the State Administration that its orders cannot overrule the l-G’s directions. Meena also made it clear that the ACB is a notified police station and the lieutenant-Governor is the competent authority.
In a hard-hitting reply to Secretary and Director (Vigilance) Sukesh Kumar Jain, Meena warned him not to interfere in the working of the ACB else he would be constrained to initiate legal action against him as per law. Soon after this the AAP Government issued an order removing Meena as chief of the ACB.
Earlier, in a letter to Meena, Sukesh Kumar Jain had said that there was no sanctioned post of Joint Commissioner. “There is only one post of Additional Commissioner of Police in the ACB which is at present occupied. As there is no such sanctioned post, you cannot take charge or hold a non-existent post… I am, therefore, directed to ask you to revert to Delhi Police.”
Jain’s order was also marked to the respective secretaries of the l-G, Chief Minister Arvind Kejriwal and deputy Chief Minister Manish Sisodia.
Earlier, addressing media persons, Sisodia had questioned the appointment of the Joint Commissioner to the ACB. “How can you put an officer in a post that isn’t thereIJ Sisodia questioned. “The ACB has been successfully fighting corruption for the last three months. The Centre is now trying to take control of the ACB,” the deputy Chief Minister said.
Meanwhile, adding a new twist to the whole controversy, a top official said on Tuesday that the Delhi Government has no power to repatriate any IAS officer working within its jurisdiction as such a decision can only be taken by an authority headed by the Union Home Secretary.
Taking note of the Delhi Government’s order to place the services of its Home Secretary Dharampal under the Union Home Ministry’s disposal, the official said the city Government does not have any power to unilaterally take such a decision.
In fact, none of the Governments, where IAS officers belonging to Arunachal Pradesh-Goa-Mizoram and Union Territory (AGMUT) cadre serve, have the power to repatriate any officer.
“Allocation and repatriation of IAS officers belonging to AGMUT cadre are done by the Joint Cadre Authority (JCA) of AGMUT cadre,” the official said.
It may be noted that Jung appointed Mukesh Kumar Meena, a 1989-batch IPS officer as the chief of the ACB on Monday, which was till now headed by Additional Commissioner of Police SS Yadav.
Meena, who was holding the charge of Joint Commissioner of Police, New Delhi range, is senior to the 1997-batch IPS officer SS Yadav, who was handpicked by the AAP Government for the job. Thus technically, Yadav will have to report to Meena on all issues in which he wants to proceed further.
Significantly, Meena who was heading the investigation against AAP leaders in the suicide of farmer Gajendra Singh, refused to share details of the investigation with District Magistrate Sanjay Kumar.
Kumar had been asked by the Delhi Government to carry out a magisterial enquiry into Singh’s suicide.
Seven Delhi Police Inspectors have also been posted to the ACB. Reacting to the move, AAP Government hit back saying the appointment is contempt of court because the Delhi High Court had said that the ACB is under the Delhi Government and not the l-G.