Dikshit, transport minister given clean chit by court
20 Nov 2012 7:21 AM IST
Contract for crucial fitness test of commercial vehicles was awarded to private firm without any tender with approval of Delhi Cabinet but ‘no irregularities’ could be found on part of Chief Minister Sheila Dikshit, the Anti-Corruption Branch of city government told a court on Monday.
In a report submitted before Special Judge Sangita Dhingra Sehgal, who put it up for consideration on 3 December, the ACB said that rules were violated to give ‘undue favour’ to ESP India in award of contract.
‘The work (of lane test of commercial vehicles) was awarded to ESP India on nomination basis without calling any tender with the approval of the council of ministers of the government of NCT of Delhi,’ it said.
The report was filed in response to a complaint by RTI activist Vivek Garg, who had alleged that the Delhi government gave the contract for lane test of commercial vehicles before grant of fitness certificates to them to ESP India without inviting any tender.
‘Wide publicity for calling of tenders was also not made which proves that the tender process/ norms have been violated and it is a matter of fact that investment for installation of system has been done by the transport department,’ the report said.
On the allegation that the approval was given by Chief Minister Sheila Dikshit, the ACB said ‘the approval was recommended only after obtaining the views of planning, finance and law department as per rule of businesses. However, no irregularities have been found on the part of Chief Minister Sheila Dikshit and the then Transport minister.’
Besides Dikshit, the complaint also names Transport Minister Arvinder Singh Lovely, former Transport Commissioner R K Verma and ESP India.
‘The agreements dated 27 February 2008 and 3 February 2010 between transport department and ESP India (for implementation of automated vehicle inspection unit and other works) were based on the conditions approved by the cabinet of GNCTD....
‘...It was the primary duty of the Transport department and ESP India to follow the same but was in vain and undue favour was given by the transport department to ESP India who cheated the public by taking the extra fees without conducting the loaded emission test,’ the ACB said.
The report said that during the course of inquiry ‘no verbal or documentary evidence came on the file’ regarding the allegations raised by the petitioner against Sheila Dikshit and former Transport Minister Arvinder Singh Lovely.
‘Therefore, the allegations against Sheila Dikshit and Arvinder Singh could not be substantiated,’ it said.
The role of the transport officials and ESP India is being further probed in view of the documents collected from the transport department, the report said.
The ACB also said that the additional loaded mode test of commercial vehicles was also given straightaway to ESP India without following the rules and regulations and that ‘Loaded Mode emission test is not being conducted by ESP India but a total fee of Rs 1,600 per vehicle is being charged for the tests, which includes the charge of the said test.’
Regarding the allegations of scam in the CNG leakage test and technical inspection of all CNG vehicles, it said the work was allotted to ESP India at Rs 480 per test even as its sister concern had earlier proposed to do this test at Rs 250 per vehicle.
It also said that the transport department gave ‘undue favour’ to ESP India in work of laying eight additional test lanes ‘as till today two additional test lanes could have been made functional while advance payment for eight lanes has already been disbursed.’
The complainant had sought the court’s direction to lodge an FIR against Dikshit, Lovely, Verma and the owner of ESP India for cheating, criminal breach of trust by a public servant, criminal conspiracy under the Indian Penal Code.
In a report submitted before Special Judge Sangita Dhingra Sehgal, who put it up for consideration on 3 December, the ACB said that rules were violated to give ‘undue favour’ to ESP India in award of contract.
‘The work (of lane test of commercial vehicles) was awarded to ESP India on nomination basis without calling any tender with the approval of the council of ministers of the government of NCT of Delhi,’ it said.
The report was filed in response to a complaint by RTI activist Vivek Garg, who had alleged that the Delhi government gave the contract for lane test of commercial vehicles before grant of fitness certificates to them to ESP India without inviting any tender.
‘Wide publicity for calling of tenders was also not made which proves that the tender process/ norms have been violated and it is a matter of fact that investment for installation of system has been done by the transport department,’ the report said.
On the allegation that the approval was given by Chief Minister Sheila Dikshit, the ACB said ‘the approval was recommended only after obtaining the views of planning, finance and law department as per rule of businesses. However, no irregularities have been found on the part of Chief Minister Sheila Dikshit and the then Transport minister.’
Besides Dikshit, the complaint also names Transport Minister Arvinder Singh Lovely, former Transport Commissioner R K Verma and ESP India.
‘The agreements dated 27 February 2008 and 3 February 2010 between transport department and ESP India (for implementation of automated vehicle inspection unit and other works) were based on the conditions approved by the cabinet of GNCTD....
‘...It was the primary duty of the Transport department and ESP India to follow the same but was in vain and undue favour was given by the transport department to ESP India who cheated the public by taking the extra fees without conducting the loaded emission test,’ the ACB said.
The report said that during the course of inquiry ‘no verbal or documentary evidence came on the file’ regarding the allegations raised by the petitioner against Sheila Dikshit and former Transport Minister Arvinder Singh Lovely.
‘Therefore, the allegations against Sheila Dikshit and Arvinder Singh could not be substantiated,’ it said.
The role of the transport officials and ESP India is being further probed in view of the documents collected from the transport department, the report said.
The ACB also said that the additional loaded mode test of commercial vehicles was also given straightaway to ESP India without following the rules and regulations and that ‘Loaded Mode emission test is not being conducted by ESP India but a total fee of Rs 1,600 per vehicle is being charged for the tests, which includes the charge of the said test.’
Regarding the allegations of scam in the CNG leakage test and technical inspection of all CNG vehicles, it said the work was allotted to ESP India at Rs 480 per test even as its sister concern had earlier proposed to do this test at Rs 250 per vehicle.
It also said that the transport department gave ‘undue favour’ to ESP India in work of laying eight additional test lanes ‘as till today two additional test lanes could have been made functional while advance payment for eight lanes has already been disbursed.’
The complainant had sought the court’s direction to lodge an FIR against Dikshit, Lovely, Verma and the owner of ESP India for cheating, criminal breach of trust by a public servant, criminal conspiracy under the Indian Penal Code.
Next Story
