As Health Ministry Let's Off IAS Officer In Multi Crore Scam At AIIMS With Mere Caution, CPIL Moves Delhi High Court Against Illegal Closer Of Cases [Read Application]

CPIL says PM, and not Health Ministry, is competent to close case against IAS officer on Central Deputation

With the Union Health Ministry closing cases against former AIIMS director MC Mishra and letting off IAS officer and former AIIMS deputy director Vineet Chawdhary in over Rs 6,000-crore corruption with mere caution, NGO Centre for Public Interest Litigation has moved an application in the Delhi High Court alleging that the closure has been without the approval of competent authority which in this case was the Prime Minister as the Minister-in-charge of the Department of Personnel and Training.

Vineet Chawdhary, who is now serving as the Chief Secretary to the Himachal Pradesh government, had been charged for his alleged role in the enormous cases of corruption like the purchase of livery items, grant of construction contract unearthed by IFS officer Sanjiv Chaturvedi during his deputation to AIIMS as the Chief Vigilance Officer.

The CPIL, in its application filed on Thursday, said the Health Ministry under JP Nadda had recommended the closure even when for IAS officers working on central deputation, Prime Minister as minister-in-charge of DoPT is competent disciplinary authority.

 “It is apparent from the closure of corruption cases of Mr. Vineet Chawdhary and Dr. MC Mishra, by Union Health Ministry without even the matter being referred for consideration of competent disciplinary authority as per statute that no fair decision is being taken in respect of these cases under the influence of the Respondent No.3 (Health Minister JP Nadda),” the CPIL said in its latest application.

The CPIL, through advocate Prashant Bhushan, has filed this application in the high court as part of its petition seeking expeditious investigation into various cases of corruption and massive irregularities in AIIMS, country’s’ premier medical institution, and recusal of Union Health Minister JP Nadda from decision-making process in these matters due to his alleged role in influencing the probe in these cases.

The CPIL had filed the main petition in the high court since the cases had become stagnant with the probe making no headway. The NGO had apprehended that attempts were being made to brush everything under the carpet.

In its latest application filed on Thursday, the CPIL said its apprehension has been proved right as the “Union Health Ministry, headed by JP Nadda , in connivance with Central Vigilance Commission has closed two major cases of disciplinary proceedings against Vineet Chawdhary who had worked as Dy. Director (Admn) in the institute from year 2010-12 and was very close to Nadda, having earlier worked with him as health secretary in Himachal Pradesh in year 2002-03 when Mr. JP Nadda was Health Minister of the State”.

Chawdhary had been accused of financial irregularities and corruption in work of engineering wing in projects of around Rs. 6000 crore, irregular appointment and payment of huge amount to so called consultants; getting radiotherapy of his dog done at cancer center of AIIMS; making the file of creation of the post of CVO disappear from his office; heavy misuse of official vehicle etc.

The illegalities were highlighted by Chaturvedi from 2012 to 2014 during his tenure as AIIMS CVO. Chaturvedi is now posted as Conservator of Forest at Haldwani in Uttarakhand.

Chawdhary has denied all charges while stating that the record show that no dog was ever treated at cancer centre, that he made no irregular appointment and the office was renovated by a PSU of Health Ministry and did not accrue any personal benefit to him.

Chawdhary along with others was charged by Chaturvedi for poor quality of construction in the convergence block, underground parking etc.

While the Health Ministry gave him a clean chit, the parking collapsed within two months of its inauguration and the blocks of convergence building keep chipping.

It is to be noted here that the Health Ministry had sent a report to the CVC with remarks on all charges levelled on Chawdhary in the draft charge sheet prepared by Vigilance Cell of AIIMS.

On some charges, he has been let of with caution for being careful in future, while some matters have been allowed to rest by holding that no financial loss was caused to AIIMS due to the alleged wrongful acts.

“(then) Union Health Minister Gulam Nabi Azad had approved departmental proceedings against. Vineet Chawdhary in May 2014 on the charges of financial irregularities in purchase of livery items of more than Rs. 1 crore. However, the said case has been closed by Union Health Ministry by a mere ‘caution’. This is brazen violation of rule position which provides that for IAS officers working on central deputation, Prime Minister as minister-in-charge of DoPT is competent disciplinary authority,” said CPIL in its application filed on Thursday.

The NGO said in the same matter case was wrongly closed against Shailesh Yadav, IPS, the then Deputy Director (Admin), by Health Ministry, though his competent disciplinary authority, as per DoPT instruction, is Ministry of Home Affairs.

It claimed that another case against Yadav of financial irregularity in awarding tender to a security agency is also being attempted to be closed, though the CBI had registered FIR in this case in 2013 and CVC had approved major penalty disciplinary proceedings in May 2014.

The CPIL said: “Cases of corruption of Trauma Centre and surgery department involving former AIIMS Director M C Mishra were closed by CVC in June, 2017 and September, 2016 on the basis of recommendations of Union Health Ministry even when the competent disciplinary authority in case of Director, AIIMS is Institute Body, before which the matter was never deliberated. The case was closed by CVC despite strong objection of Chief Technical Examiner (CTE) of CVC itself”.

It prayed the court to “summon records of closure of these cases, without approval of competent disciplinary authority and to direct Respondent No. 1 for immediately referring these cases to competent disciplinary authority for passing well reasoned/ speaking orders”.

Read the Application Here