Delhi Chief Minister Arvind Kejriwal and Deputy Chief Minister Manish Sisodia had bypassed laid down rules and regulations while clearing the appointment of Mehboob Alam as Chief Executive Officer of Delhi Waqf Board, the CBI has alleged in an FIR filed in this regard.
The roles of Chief Minister and Deputy Chief Minister have come under the CBI scanner after the agency registered an FIR on a complaint of a Delhi government official alleging that rules were violated in major appointments in the Board.
Despite repeated efforts to seek comments, spokesperson of Delhi Government did not respond.
Earlier on Friday last, the spokesperson had said, "We do not comment on the basis of hearsay."
The complaint from P R Kaushik, Sub-Divisional Magistrate, Revenue Department, which has now been converted into FIR cites instances where the Chief Minister and Deputy Chief Minister had allegedly ignored rules.
In the FIR, it is alleged that a notification was issued on October 8, 2015, on the instruction of Deputy Chief Minister in which erstwhile Delhi Waqf Board was superseded under Section 99(1) of the Waqf Act 1995 with the approval from the Chief Minister.
"This was done without placing the matter before the Lieutenant Governor, despite being advised to do so. In the past, it has been the standard procedure that the Waqf Board appointment matters are put up to the Lieutenant Governor for approvals," it alleged.
According to FIR, on March 12, 2016 following the
elections, Aam Aadmi Party MLA Amanatullah Khan was elected as Chairperson of the Wakf board. Within two days, a resolution was passed in the Board meeting for the appointment of the CEO.
"This was despite the fact that on March 4, 2016 the Services Department, GNCTD had already issued an order appointing Javed Qamar as CEO. However, no notification (as required under the Act) with respect to Qamar's appointment had been issued," it alleged.
CBI alleged the Chairman proceeded to put up a note directly to the Chief Minister "bypassing all other competent officials" despite Divisional Commissioner-cum-Secretary (Revenue) stating that the matter should be discussed with reference to the Recruitment Rules in place at the time.
"In the said note, the Chairman also requested the Chief Minister to cancel the appointment of Javed Qamar and suo moto sought appointment of Mehboob Alam. This was in clear disregard of the procedure laid down for appointment of CEO under Rule 43 of the Rules (Wakf Rules)," it alleged.
It is alleged that Kejriwal approved the note, which was followed by the approval of Sisodia.
"However, despite there being no notification as required under the Act, Mehboob Alam illegally took charge as the CEO of the Wakf Board, and started functioning as the CEO. No notification was issued regarding Mehboob Alam's appointment as CEO till it was revoked on October 7, 2016," it alleged.
On October 7, Lt Governor Najeeb Jung scrapped the Delhi Wakf Board.
"It is clear that Mehboob Alam was appointed as CEO Delhi Wakf Board in absolute contravention to the procedure laid down by the law," it alleged, adding that such appointments have to be done in consultation with the Lt Governor.