Health ministry orders review of AIIMS corruption cases

Cases had been approved by AIIMS and former health minister Harsh Vardhan

The health ministry, under J P Nadda, has asked the director of the All India Institute of Medical Science (AIIMS) to again review charges of corruption against Indian Administrative Service officer Vineet Chaudhary.

This despite the incumbent director of AIIMS and the previous health minister, Harsh Vardhan, approving a draft chargesheet against the officer in more than half a dozen corruption cases.

Chaudhary, of Himachal Pradesh cadre, was AIIMS deputy director. He was also health secretary in the state when J P Nadda was the health minister there. The corruption cases pertain to the period he was the deputy director at AIIMS.

ALLEGATIONS
Charges against Vineet Chaudhary approved by Harsh Vardhan earlier and now under review by Health Minister J P Nadda

• Got his pet dog treated at AIIMS radiotherapy centre
• Illegal extension in services of engineer and non-intimation of land deals including sources of purchase
• Illegal appointments and payments to consultants
• Faked documents to rake up high daily travel bills
• Renovated personal office worth nearly Rs 20 lakh and hid facts from authorities
• Helped disappearance of official documents
• Concealed information on corruption issues from authorities

Source: Draft chargesheet as approved by health minister in August 2014

Nadda, when he was a Member of Parliament and senior Bharatiya Janata Party official, had written to the then health minister, Vardhan, in 2014 asking all investigations into graft cases (including those of Chaudhary) be put on hold; the anti-graft officer investigating the cases, Sanjiv Chaturvedi, be transferred out; and a chief vigilance officer of his choice be appointed. Chaturvedi was shunted out. Nadda became the Union health minister and Chaudhary is now the deputy chief secretary of Himachal Pradesh.

Responding to written queries posed by Business Standard, AIIMS said, “The Ministry of Health and Family Welfare has advised Director-AIIMS to undertake a preliminary determination of whether charges against Shri Vineet Chaudhary merit disciplinary proceedings or not.” The response also said, “AIIMS has received reminders on May 20, 2015, for urgently furnishing the requisite information to the Ministry of Health and Family Welfare.” It added the chief vigilance officer of the health ministry had on June 5 (when Nadda was minister) informed AIIMS “that the issues raised against Shri Vineet Chaudhary do not appear to have a vigilance angle” and that the director of AIIMS “may make a preliminary determination if the cases merit disciplinary proceedings.”

The AIIMS response did not state such an exercise was carried out in 2013-14 itself. In November 2013, then health minister Ghulam Nabi Azad had asked AIIMS director to decide if corruption (involving Chaudhary) had occurred. After investigation, a draft chargesheet was prepared in seven corruption cases against the officer. It was approved by the same director who holds charge today, M C Mishra, in July 2014 and by health minister Vardhan in August 2014.

This, therefore, would not be a preliminary determination of the charges, as AIIMS has claimed, but a review of decisions once already approved at the highest level. Business Standard has reviewed the draft chargesheet, the approvals of Vardhan and the director and other documents.

The approved chargesheet against Chaudhary was sent to the Central Vigilance Commission (CVC), which said the minister had approved the chargesheet as the President of AIIMS and should now look at it again as the health minister. By then, Vardhan was replaced by Nadda.

HOSPITAL BATTLE

• April 2013: AIIMS sends charges against officer to health minister
• November 2013: Health minister orders director of AIIMS to prima facie confirm charges
• May 2014: Charges are approved by director and draft charge sheet prepared in 7 corruption cases
• July 2014: Director, AIIMS, approves draft charge-sheet
• August 2014: Health minister Harsh Vardhan approves draft charge sheet. Sends it to CVC
• November 2014: CVC sends it back to health ministry saying Vardhan should approve it now as minister and not President, AIIMS. File reaches health minister J P Nadda by February 2015
• May 2015: Ministry asks director AIIMS to look at charges ‘prima facie’ yet again to find whether they merit disciplinary proceedings

The Central Bureau of Investigation had also been asked by the health ministry to look at the possibility of criminal prosecution in some cases against Chaudhury. It had recommended departmental “major penalty” proceedings against the officer in one. A major penalty includes dismissal from service. Criminal prosecution under the Prevention of Corruption Act and departmental proceedings are done at the same time.

CVC, recently replying to a public interest litigation before the Delhi High Court, admitted that action in the corruption cases was pending for months as the file was stuck with the “competent authority” — the minister.

The petition is being heard and the minister has been personally made party to it, besides the health ministry. The PIL wanted Nadda recused from dealing with the investigations as he had shown vested interest earlier. Nadda in his affidavit has defended his position, saying he was in no way influencing the anti-graft investigations and they were progressing according to law and regulations.