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TIMES CITY

New Delhi: The Delhi highcourt on Monday declined theArvind Kejriwal govern-ments plea to restrain M KMeena from working as anti-corruption branch chief. Al-lowing Meena to continue inoffice, Justice V P Vaish, how-ever, said Meena must dis-charge his duties in accord-ance with law.

The government urged HCto prevent Meena from takingout the FIR records from theACB headquarters and re-move the paramilitary person-nel posted there. Appearing forthe government, senior advo-cate Indira Jaising main-tained that Meena needs to berestrained from pressuringACB officials, but JusticeVaish wondered if the ACB canfunction smoothly if the se-nior cop is restrained fromworking.

The court issued notice tothe Centre seeking its reply intwo weeks time to the chargesof interference in the workingof ACB, levelled by the AAPgovernment. The court hasnow clubbed the latest plea ofthe government with the ongo-ing litigation challenging theCentres notification givingLG Najeeb Jung absolute pow-er to appoint bureaucrats inthe national capital. Bothcases are now expected to comeup for hearing on August 11.

The court further rejectedanother prayer of the govern-ment to make Meena an indi-

vidual party to its petitionchallenging constitutional val-idity of the Centres May 21 no-tification.

In its application, the Delhigovernment alleged Meenahad been misusing his pow-ers to browbeat and threatenofficials of ACB and the vigi-lance department. It has citedthe example of its appointee SS Yadav who recently accusedMeena of threatening andpressuring him.

Jaising said during the 49-day tenure last year, the Kejri-wal government had lodged 21cases but no cases have beenlodged after June 4, 2015 due toM K Meenas taking charge onJune 8, 2015.

She alleged the Centre hasbeen repeatedly attempting tointerfere with and hamper the

smooth functioning of theACB. Jaising said, On nu-merous occasions, he (Meena)has put pressure on ACB offi-cers to transfer all cases of cor-ruption involving police per-sonnel from ACB to DelhiPolice. We want these intimi-dating tactics be stopped.

She sought an interim or-der to ensure that the ACB is al-lowed to function smoothly.She also argued that the anti-graft wing is being prevent-ed from probing acts of cor-ruption and misuse or abuse ofpublic office, to shield certainpeople.

The objective appears tobe, to prejudice the attempts ofthe elected government to up-root corruption from the na-tional capital, hamper andscuttle an ongoing investiga-tion and compromise crucialand sensitive evidence, the se-nior lawyer said.

On his part, additional so-licitor-general Sanjay Jain,representing the Centre, point-ed out that ACB is a police sta-tion and falls within the Cen-tres purview in Delhi. He saidCentre is fully empowered topost an eligible officer to headit and in any case Meena is ajoint commissioner, and notsome inspector.

Jain said the Delhi govern-ments order recalling ap-pointment of Meena had beencancelled by the LG, who hassaid that it was void ab initioas the order was passed with-out taking approval from thecompetent authority.

Allows Officer To Continue As ACB Chief

HC rejects AAP govtplea against Meena

TIMES NEWS NETWORK

New Delhi: The Union homeministry is likely to order dis-ciplinary action against se-nior IAS officer Rajendra Ku-mar, who continues to holdthe post of Delhi home secre-tary despite clear instruc-tions to relinquish it.

Sources in the central gov-ernment said the relevant filewas under process after lieu-tenant governor Najeeb Jungwrote to the home ministrylast week seeking actionagainst the AGMUT cadre of-ficer for defying his cadre-controlling authority.

Dharam Pal was removedby the Arvind Kejriwal gov-ernment from the post of Del-hi home secretary after hesigned on the appointment or-ders of ACB chief MukeshMeena on the LGs instruc-tions. Though the state gov-ernment brought RajendraKumar in his place, the homeministry later cancelled Dha-ram Pals transfer order. How-ever, Kumar never relin-quished charge of the post,giving rise to a unique situa-tion where the state has twohome secretaries.

Though the option of dis-ciplinary action against Ku-

no option but to initiate disci-plinary action against him.He has to obey the cadre-con-trolling authority, as all civilservants are expected towhile being in governmentservice or else, he must faceaction, said a senior officer.

Sources in the home min-istry said a show-cause noticemay be served to Kumar if hecontinues his defiant atti-tude. An official said he maybe under increased pressureto give up charge as home sec-retary now that Delhi highcourt has refused to stay theappointment of ACB chiefMukesh Meena.

minders to Kumar to give upcharge of the home secretar-ys post, the latter has re-mained defiant. A home min-istry official on Saturdaysuggested that the ministry,which is the cadre-controll-ing authority for AGMUTcadre IAS officers, will have

mar has been under consider-ation for some time now, theCentre did not want to precip-itate yet another confronta-tion with the Kejriwal gov-ernment. Kumar is alsosecretary to chief ministerArvind Kejriwal.

However, despite two re-

Rajendra Kumar still in office, MHA angry TIMES NEWS NETWORK

New Delhi: On a day when Del-hi high court declined the AamAadmi Party governmentsplea of restraining joint com-missioner of police MK Meenafrom working as the anti-cor-ruption bureau chief, the lattercreated a stir by shunting outthe station house officer andbringing in a replacement. Inthe evening, an order was is-sued by Meena removing in-spector Vinay Malik as SHOACB and posting inspector BrijMohan in his place.

Sources said that the FIRbook was the reason for Meenato take this step as it had notbeen given to him earlier whendemanded. Last week, apitched battle of words had en-sued between Meena, who hasbeen appointed by the lieuten-ant governor, and the chiefminister appointed ACB chiefSS Yadav over the FIR book. Infact, Yadav has also gone on toclaim that he was being threat-ened by Meena.

The vigilance departmentof Delhi government does not

recognize Meena as ACB chiefand it is learnt that the order ofshunting the SHO has been is-sued without consulting SS Ya-dav. The matter is expected tolead to another flare-up. Sourc-es said that the state feels thatMeena has not acted as per thelaw and it is not proper to re-move an SHO who has not com-pleted his tenure of two yearswithout any valid reason. Ma-lik has completed just about a

year in ACB. Meenas order hasbeen marked to SS Yadav.

Meanwhile, Delhi govern-ment is exploring the possibili-ty of moving the SupremeCourt over Meenas appoint-ment. Also, senior AAP func-tionaries prefer to see in the HCorder a point of favour wherethe direction to follow thelaw is an assertion ofthe Kejriwal governmentsstand. AAP has been uphold-ing its orders on ACB citing ju-risdictional powers under thelaw and says they are valid and worthy of debate and a test

before the court of law. The HC will be hearing the matter inAugust, but the governmentmay approach the apex courtbefore that.

Another dramatic develop-ment took place in the ACB bat-tle involving the two chiefs.Soon after the HC order came, ahome ministry order datedApril 28 started circulatingshowing that MK Meena wasunder order of transfer fromDelhi to Arunachal Pradesh.

This order states that Meena was being allowed tocontinue in Delhi for threemonths. The time period endson July 7. This triggered a con-troversy as to how the Centre,through the LG, posted an un-der transfer officer to ACBwith such urgency and howwould he continue to be on thepost after July 7.

While home ministry offi-cials were unavailable for com-ment, M K Meena refused tomake any remarks. The matteris expected to grow into a pointof discord in the coming days between the LG and theDelhi government.

Govt plans to move SC; Meena shunts ACBs SHOAmbika.Pandit@timesgroup.com

TIMES NEWS NETWORK

New Delhi: The Delhi govern-ment moved a proposal in theassembly on Monday to in-crease the upper limit on valueadded tax (VAT) from 20% to30%, making room for maxi-mizing the levy on 11 items, in-cluding CNG, liquor, lotterytickets and tobacco.

The AAP government, in itsmaiden budget, did not imposeany fresh tax but with a vastbudgetary outlay of Rs 41,129crore for the current fiscal, it islooking to mop up all the resour-ces it can. Justifying the VATamendment bill, deputy CMManish Sisodia said it wouldimprove ease of doing busi-ness and was aimed at main-taining a uniform tax structurewith neighbouring states.

Delhi Value Added Tax (2ndAmendment) Bill seeks to ma-ke enabling provisions for levyof VAT in respect of goods enlis-ted in Fourth Schedule at differ-ent rates instead of a flat rate of20% with the condition that su-ch tax rate will be higher than12.5% but will not be over 30%.

The schedule applies to pet-roleum products other than liq-uid petroleum gas, piped natu-ral gas, compressed natural gasand kerosene besides aviation

turbine fuel, spirit, gasolineand wax. Foreign and Indianmade foreign liquor, country li-quor, narcotics (bhang), lotterytickets, tobacco and gutka, un-manufactured tobacco, bidisand tobacco used in manufac-ture of bidis and hooka tobaccoalso come under this schedule.The structure for these items is20% as of now.

The bill proposes to dis-pense with the requirement ofmaking adjustments to outputtax by the selling dealer and in-put tax by the purchasing deal-er in the event of release of post-sale incentives by the selling de-aler. They need not submit VATregistration certificates whilefiling for cancellation online.

The state also proposes to in-crease the time limit from 15days to 45 days for seeking secu-rity from dealers claiming a taxrefund. It is also proposed to re-duce the per day penalty amo-unt from Rs 500 to Rs 200 for de-lay in furnishing informationrelating to change in the natureof business. There are plans toreduce the per day penaltyamount from Rs 1,000 to Rs 200in the event of delay by a dealerin furnishing information re-lating to closure of business. Itis further proposed to reducethe per day penalty amountfrom Rs 500 to Rs 200 in the eventof delay in submission of a re-turn or document required tobe submitted with the return.

CNG, alcohol, tobacco setto become dearer in Delhi

PROPOSED CHANGESThe amendment bill seeks to make provisions for levy of VAT on goods en-listed in the fourth schedule at differ-ent rates instead of a at rate of 20%with the condition that such tax rate will be in the range of 12.5-30%

The fourth schedule applies to Petroleum products other than liquid petroleum gas, PNG, CNG and kerosene. The products include aviation turbine fuel, spirit, gasoline, wax, etc

Foreign liquor, IMFL, country liquor, narcotics (bhang), lottery tickets, tobacco and gutkha, un-manufactured tobacco, bidis, among others

The government urged HC to prevent Meenafrom taking out the FIRrecords from the ACBheadquarters and remove the paramilitarypersonnel posted there

Sources in the homeministry said a show-cause notice may beserved to Kumar if he continues his defiant attitude

* THE TIMES OF INDIA, NEW DELHI | TUESDAY, JUNE 30, 2015

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