Executive Summary:
The Government of NCT of Delhi has constituted an Independent Commission of Inquiry under the Commissions of Inquiry Act, 1952 to investigate all aspects of the CNG Fitness Certificates award within the Transport Department. The commission, headed by Justice S.N. Aggarwal, will identify irregularities, recommend actions, and suggest preventative measures. The commission is required to submit its report within three months of its first sitting.
Key Points / Main Content:
Commission Establishment and Scope:
* An Independent Commission of Inquiry is established to investigate the CNG fitness certificate case.
* The inquiry will cover all aspects of the award of work related to CNG Fitness Certificates in Delhi's Transport Department.
* The commission is constituted under Section 3 of the Commissions of Inquiry Act, 1952.
* Justice S.N. Aggarwal, Retired Judge, Delhi and Madhya Pradesh High Court, is appointed to the commission.
Terms of Reference:
* Examine the contract award for commercial vehicle inspection and certification to Ms. ESP India Pvt. Ltd.
* Identify any irregularities in the contract award.
* Identify individuals responsible for any identified irregularities.
* Investigate the denial of prosecution sanction against responsible individuals.
* Recommend actions against individuals responsible for irregularities.
* Suggest future actions related to the case.
* Suggest remedial actions at an institutional level to prevent future irregularities.
* Suggest measures for recovering illegally accrued amounts by the vendor.
* Address any other matter referred to the Commission.
Operational Directives:
* Subsections 2, 3, 4, 5, and 5A of Section 5 of the Commissions of Inquiry Act, 1952 are applicable to the Commission.
* The commission must submit its report within three months of its first sitting.
Impact Analysis:
Government of NCT of Delhi:
Impact: The Government is responsible for implementing the recommendations of the commission and ensuring compliance with the Commissions of Inquiry Act, 1952.
Action Required: The Government must review the commission's report, act on the recommendations, and ensure that all relevant departments cooperate with the inquiry.
Transport Department, Govt. of NCT of Delhi:
Impact: The department's processes for awarding contracts and ensuring regulatory compliance will be scrutinized.
Action Required: The department must provide all necessary documentation and support to the commission, and implement any remedial actions recommended.
Ms. ESP India Pvt. Ltd.:
Impact: The company's contract award and related financial gains are subject to review, potentially leading to financial recoveries or legal action.
Action Required: The company must cooperate with the commission's inquiry and provide all requested information.
Individuals Responsible for Irregularities:
Impact: Individuals found responsible for irregularities may face legal action, disciplinary measures, and recovery of financial gains.
Action Required: Individuals must cooperate with the commission's inquiry and respond to any allegations made against them.
Commission of Inquiry:
Impact: Responsible for impartially inquiring into the identified issues
Action required: Deliver the report with findings and recommendations within 3 months of its first sitting.
Key Entities Referenced
Commissions of Inquiry Act, 1952: An act of the Indian Parliament under which the Government of NCT of Delhi constituted an Independent Commission of Inquiry.
Government of National Capital Territory of Delhi: The governing body that constituted the Independent Commission of Inquiry.
Independent Commission of Inquiry: A commission constituted by the Government of NCT of Delhi to inquire into the CNG Fitness Certificates case.
CNG Fitness Certificates: Certificates related to the fitness of CNG-powered commercial vehicles, which are the subject of the inquiry.
Transport Department, Govt. of NCT of Delhi: The department within the Government of NCT of Delhi responsible for the award of work related to CNG Fitness Certificates.
Justice S.N. Aggarwal: Retired Judge, Delhi and Madhya Pradesh High Court, appointed to the Commission of Inquiry.
Ms. ESP India Pvt. Ltd.: The company awarded the contract for inspection and certification of commercial vehicles.
New Delhi, Delhi: Location of publication of the Gazette notification and the location of Government of India Press.
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REGISTERED No. D.L.-33002/911
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NOTIFICATION
Delhi, the 11th August, 2015
No.F.5/DOV/Tpt./4/7/2015/9386-9393.—Whereas, the Government of NCT of Delhi has decided to
constitute an Independent Commission of Inquiry under the Commissions of Inquiry Act, 1952 for inquiring into all
aspects of the award of work related to CNG Fitness Certificate(s) in the Transport Department, Govt. of NCT of Delhi
and subsequent inVestigations and developments in the case.
Now, therefore, in exercise of the powers conferred by section 3 of the Commissions of Inquiry Act, 1952, the
Government of NCT of Delhi hereby appoints the Commission of Inquiry consisting of Justice S.N. Aggarwal, Retired
Judge, Delhi and Madhya Pradesh High Court.
The terms of reference of the Commission shall be as under —
(i) To look into all aspects of the award of contract by the Transport Department, Govt. of NCT of Delhi for
inspection and certification of commercial vehicles for fitness to M/s. ESP India Pvt. Ltd. and to point out
irregularities, if any.
(ii)(cid:9) To identify the persons responsible for the irregularities identified.
(iii) To look into the circumstances surrounding denial of prosecution sanctitk against persons responsible for
the irregularities, if it is now found that the case for prosecution is actually made out against them.
(iv) To recommend action against the persons responsible for these irregularities, if any, and to suggest future
course of action in this case.
(v) To suggest remedial action at institutional level to avoid such irregularities, if any, in future.
(vi) To suggest measures for recovery of amount illegally accrued by the vendor by way of this contract, if any.
(vii) Any other matter that may be referred to the Commission.
Having regard to the nature of inquiry to be made by the Commission and other circumstances of the case, all
the provisions of sub-section-2, sub-section-3, sub-section-4, sub-section-5 and sub-section-5 A of section- 5 of the said
Commissions of Inquiry Act, 1952 shall be applicable to the Commission, and the Govt. of NCT of Delhi in exercise of
the powers conferred under sub-section-1 of section-5 of the Commissions of Inquiry Act, 1952 hereby directs that all
provisions of the sub-sections-2, 3, 4, 5 and 5A of that section shall apply to the Commission.
The Commission shall submit its report as soon as possible but not later than three months from the date of its
first sitting.
K.S. MEENA, Dy. Secy. (Vig.)
Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-I 10064
and Published by the Controller of Publications, Delhi-110054.