Setting up of Arvind Kejriwal’s ‘spy’ unit in violation of norms: CBI inquiry

The Central Bureau of Investigation (CBI), probing the so-called spy unit of the Delhi government, has prima facie found violation of recruitment rules. The probe agency has raised the question over the very foundation of the Feedback Unit, as it was created without floating a cabinet note, documents accessed by DNA show.

The decision to create a unit was taken by the Council of Ministers on a proposal from the Chief Minister as a tabled item. "However, there was no cabinet note in this regard," the documents state.

"Subsequently, the cabinet, through decision number 2217 dated September 29, 2015, approved the proposal for the creation of the Feedback Unit in the Directorate of Vigilance, Government of NCT of Delhi (GNCTD) and directed the Vigilance Secretary to submit a proposal for setting up the Feedback Unit," the documents said.

In pursuance of the decision of the Cabinet, the Vigilance Secretary submitted a detailed proposal, which was approved by the Chief Minister on October 10, 2015. As per the approval of the chief minister, the Feedback Unit was to report to the Secretary, Vigilance Department.

The posts envisaged for the unit were initially proposed to be manned by serving as well as retired personnel. "The unit was to be tasked to gather information and actionable feedback regarding works of the departments/autonomous bodies/institution/entities etc falling under the jurisdiction of GNCTD and also to do trap cases," the documents stated.

A copy of the resolution in possession of DNA said: "A need has been felt to improve the monitoring of various departments in vigilance-related matters. Therefore, a unit may be created in the Directorate of Vigilance, Government of NCT of Delhi, manned by serving as well as retired personnel to gather relevant information and actionable feedback regarding the working of the departments/ Autonomous Bodies/ Institution/entities etc. falling under the jurisdiction of government of NCT of Delhi."

The cabinet directed the Principal Secretary of the Vigilance Department, Chetan B Sanghi, to come up with the proposal to the chief minister. Initially, 20 posts for the Feedback Unit were to be adjusted against 22 abolished posts in the Industries Department. However, 20 posts in the Feedback Unit were adjusted against the 88 posts created in the Anti-Corruption Branch to strengthen ACB Delhi through cabinet decision number 2137 dated April 1, 2015. "However, the Administrative Reforms Department had only tentatively agreed for the creation of the 88 posts, subject to detailed work study by them," the documents revealed.

As the approval of the Lieutenant-Governor (L-G) was not sought for the creation of 88 posts, the decision was totally illegal. Only the L-G's Office is competent to create posts in Delhi government. "Besides, no recruitment rules for the posts to be created were framed," the documents observed. Subsequently, filling of the 17 posts, out of 20 posts of Feedback Unit by retired employees also required the approval of the Lieutenant-Governor.

Controversial proposals for spying of AAP government

The AAP government has been flirting with the idea of its own espionage apparatus for some time and they had come up with similar controversial proposals. The first one was to procure high-end equipment for surveillance and the second was to set up a parallel system to keep tabs on the programmes and functioning of the departments and their officials from top to bottom.

The first proposal was to procure anything that would facilitate the AAP government's adversaries through snooping equipment and a cabinet note was prepared by the Kejriwal government that proposed to spend Rs 35.95 crore, including Rs 3.2 crore on high-end equipment and the rest on vehicles, mobile phones, computers and salaries for additional staff.

It also proposed the creation of 259 posts, including four Additional Commissioners of Police, two Deputy Commissioners of Police and other technical experts. The proposal had stated that it was extremely important for the ACB to be equipped with modern technology for research, analysis, surveillance and monitoring purpose to check corruption. It has also proposed to increase special secret funds from Rs 1.5 lakh to Rs 20 lakh.

According to the note, there is a requirement of at least 375 officials in the ACB. The Delhi cabinet had, in a decision dated April 1, approved 88 posts including two DCPs and three ACPs.

But when the government faced flak from various quarters, the matter was put on hold.

The second proposal was moved by the Home Department for setting up 25 monitoring and evaluation units, each consisting of a team leader, one office assistant and five field staff. As per the proposal, these teams were to be supervised by five directors. It also recommended that a project director should be the head of the whole project. It was also proposed that the wing should function under its supervision. However, this proposed spy project too was shelved after public criticism.