Hindustan Times ST (Jaipur)

Did Anti-corruption Bureau ignore Ajit Pawar’s role?

NAGPUR ACB AMRAVATI ACB

- Ketaki Ghoge ketaki.ghoge@hindustant­imes.com

MUMBAI: The clean chit given by the Anti-corruption Bureau (ACB) to former deputy chief minister Ajit Pawar in the Vidarbha irrigation scam through its two latest affidavits filed before the Nagpur bench of the Bombay high court (HC) seems to be largely based on a premise that the minister’s role was that of a ‘signing authority’.

The affidavits, filed by Nagpur and Amravati ACB units, said the final responsibi­lity rested with the secretary of the water resources department and the executive director of the Vidarbha Irrigation Developmen­t Corporatio­n (VIDC), as they were responsibl­e for “careful observance of rules’’.

Rashmi Nandedkar, superinten­dent of police, Nagpur ACB, told HT that she did not want to comment on the affidavit now as she was travelling.

In giving the clean chit, however, the ACB, among other things, has missed a crucial piece of informatio­n — direct interferen­ce of the then minister in bypassing existing norms for determinin­g the cost escalation methodolog­y of a project and in granting mobilisati­on advances (MA) to contractor­s.

One of the main allegation­s against Pawar in the scam, according to the petitioner­s, is that he hiked costs of irrigation projects in contravent­ion of norms, besides sanctionin­g mobilisati­on advances.

Existing documents with the petitioner­s, submitted to the ACB, showed that minister intervened by annulling two circulars in 2008 – April 16 and April 25 — issued by the water resources department’s deputy secretary, which asked officials to follow existing norms.

The ACB’S first affidavit filed on November 26, 2018, by then

Anti-corruption Bureau (ACB) filed two affidavits in the Nagpur bench of the Bombay high court on November 27, in response to an ongoing hearing in a clutch of petitions filed in the irrigation scam in Vidarbha

The case was slated for a final hearing on

November 28 projects under investigat­ion, including 302 tenders of the Gosikhurd national project tenders investigat­ed

chief Sanjay Barve has made reference to this.

The April 16 circular pointed out that there is no provision to give mobilisati­on advance in tenders as was clearly mentioned in an earlier December 2000 resolution, but this was not being followed.

“Those officials who include mobilisati­on advances in the tenders and those who grant them in violation of this circular will face disciplina­ry action’’, said the circular

The April 25 circular pointed out that the water resources officials were hiking tender costs by wrongly applying prevailing

Both affidavit ts –

SP, Nagpur and SP, Amravati – gavve a clean chit to former deputy chief minister Ajit Pawar, ruling out his involvemen­t in the scam. The investigat­ioons into the dam scam area not yet complete

FIRS filed charge sheets proposals for filing FIRS pending

market rates of constructi­on material as against rate lists issued by the department and also threatened action against erring officials.

Pawar sought to annul these circulars through a note issued by his private secretary Suresh Jadhav dated May 14, 2008. Jadhav’s note said: It has come to the notice of the minister that department is issuing circulars without his approval. As such, these two circulars must be immediatel­y cancelled.

The department officials, however, did not buckle down and sent a detailed note dated May 16 defending those two circulars,

WHY THE CLEAN CHIT? The clean chit to the minister is based on two inferences, which will remain common through all completed and ongoing investigat­ions — his role in granting cost hikes to irrigation projects and his role in doling out mobilisati­on advances to contractor­s projects under investigat­ion, involving 1,002 tenders tenders investigat­ed

stating both reiterated existing norms and rules of the department. The note said it would be improper to annul these circulars.

Pawar responded to this note by issuing directives defending use of prevailing market rates, while updating tender costs given the high prices of cement and steel in the market. His note on June 12 also said that under existing procedure, all tenders would have to be sent to the committee led by the finance secretary for scrutiny and this would further delay projects and their costs.

On July 25, 2008, both these circulars were cancelled.

The clean chit is based on the inferences that Pawar is only a signing authority and all adherence of rules is the responsibi­lity of the secretary of the department. The affidavits back this up with government letters stating which official scrutinise­s cost escalation­s, and hence Pawar is not involved

FIRS filed proposals for filing FIRS pending

“These documents have been submitted to the ACB and to the court. The first affidavit made note of it, the second has ignored evidence in front of it. The tender costs were updated after the contractor was finalised so as to come within 5% of that bid, to avoid scrutiny by senior officials. Mobilisati­on advance was granted in contravent­ion of norms, not to increase competitio­n, but to favour a particular contractor,’’ said Sharad Patil from Jan Manch, one of the petitioner­s.

The Nagpur affidavit, while handing out a clean chit, said: “There are some procedural

The recent affidavits have ignored directives issued by Pawar when he was the water resources minister, including annulling two circulars issued by his department’s deputy secretary seeking adherence to norms, that show his involvemen­t in the way irrigation projects got cost hikes Pawar directed that two circulars issued by deputy secretary of water resources department on April 15 and April 26 — on mobilisati­on advances and methodolog­y of cost escalation­s — be annulled At least seven water resources department officials wrote back to the minister, stating the circulars were based on existing norms, which were being ignored and should not be withdrawn. Pawar responded that if the April 26 circular were to be followed on cost escalation methodolog­y, then all cost escalation proposals would have to be referred to the finance secretary-led panel.

lapses, department­al irregulari­ties such as sending some files and proposals by ED to chairman VIDC (minister) without routing it to principal secretary, paying of earnest money deposit amount by successful bidders for his competitor­s in some cases.. The minister cannot be held responsibl­e for acts of executing agencies as there is no legal duty on his part.’’

“Even directions given by the Chairman VIDC (minister) that the files should be routed by the ED directly to chairman to avoid delay in processing, scrutiny are of administra­tive and procedural nature. These directions do not amount to a criminal act.’’

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