Delhi excise coverage modified with out acquiring LG’s opinion: CBI FIR
6 min readExpress News Service
NEW DELHI: The Central Bureau of Investigation (CBI) within the FIR towards Delhi Deputy Chief Minister Manish Sisodia, liquor barons and others flagged that call taken on the stage of the Council of Ministers modifying the excise coverage was finished with out acquiring the opinion of Lieutenant Governor as mandated.
The FIR mentions the letter of Delhi Lieutenant Governor Vinai Kumar Saxena despatched to Home Secretary Ajay Bhalla.
Saxena said he had ordered inquiry within the excise coverage and Chief Secretary Delhi submitted a report on July 8, 2022. The report said that after the approval of the Delhi Excise Policy 2021-22 on May 24, 2021 and consequential amendments in statutory guidelines on May 31, 2021, “various major decisions and actions have been taken and executed by the Department with the approval of Minister-in-Charge in violation of the statutory provisions and the Notified Excise Policy, which have financial implications and are in the nature of extending undue favor to the licensee ‘post tender.”
He said that call was taken on the stage of the Council of Ministers modifying the Excise Policy “without obtaining the opinion of Lt Governor as mandated by the recent amendments in Government of NCT of Delhi Act and order dated April 28, 2021 of Lt. Governor’ Secretariat and Transaction of Business of GNCTD Rules, 1993.”
He additionally said that the key modifications in annual license price and modifications in methodology to calculate the license price had been authorized Cabinet Decision on June 23, 2021, however this matter was not submitted for the opinion of Lieutenant Governor.
ALSO READ | CBI names Sisodia, liquor barons and others in FIR over alleged Delhi excise rip-off
He additionally identified that choices had been taken by the excise division with out the approval of the Competent Authority to increase undue favor to the licensee ‘Post Tender”.
The division determined to refund EMD amounting Rs 30 Crores in case of License of Airport Zone because the profitable tenderer was not in a position to receive NOC from Airport Authorities. However Excise Rules gives that the profitable tenderer ought to full all formalities for grant of license failing which all deposits made by him shall stand forfeited.
The Department by order dated November 8, 2021 with out the approval of the authority revised the components of calculation of charges of overseas liquor and eliminated the levy of import go price Rs.50 per case on beer which made the overseas liquor in addition to beer cheaper for retail licensees. “Extension of such benefit, post tender, amounts to extending undue favor to Licencees,” the letter said.
The Department deferred coercive motion towards L7Z licensees in case of default in cost of license price, curiosity and penalty for non-genuine causes in rest of the provisions of the tender doc leading to undue favor to the L7Z licensees.
The Department allowed waiver on tendered license price on account of COVID-19 pandemic from December 28, 2021 to January 27, 2022, even if no particular provision for compensation within the type of discount in tendered license price was accessible within the tender doc. It resulted in undue profit to the licenace and a lack of about Rs. 144.36 Crores to the general public exchequer.
ALSO READ | Delhi authorities’s liquor coverage: Retailers say coverage favours wholesalers
The Department floated a young by incorporating a situation of establishing minimal two liquor vends in every ward with out enterprise any train or due diligence to establish the viability of opening of minimal two vends in every ward. Subsequently, the Department provided the present licensees to open extra vends in conforming areas in lieu of non-conforming wards with out taking approval of the Competent Authority.
No penal motion in accordance with Delhi Excise Act was taken towards the licensees for violation of Rule when data concerning promotional actions being undertaken by Licensees by the utilization of social media/banners/ hoardings got here to the data of the Department.
He additionally said that the Council of Ministers earlier licensed the Deputy Chief Minister Manish Sisodia on April 15, 2021 to make minor modifications inside the total framework of the coverage as could also be obligatory within the curiosity of implementation. However, subsequently as suggested by then LG such authorization was withdrawn by the Council of Ministers by a call dated May 21, 2021. Despite the above, the above choices in query had been taken and applied by the excise division with the approval of Sisodia.
NEW DELHI: The Central Bureau of Investigation (CBI) within the FIR towards Delhi Deputy Chief Minister Manish Sisodia, liquor barons and others flagged that call taken on the stage of the Council of Ministers modifying the excise coverage was finished with out acquiring the opinion of Lieutenant Governor as mandated.
The FIR mentions the letter of Delhi Lieutenant Governor Vinai Kumar Saxena despatched to Home Secretary Ajay Bhalla.
Saxena said he had ordered inquiry within the excise coverage and Chief Secretary Delhi submitted a report on July 8, 2022. The report said that after the approval of the Delhi Excise Policy 2021-22 on May 24, 2021 and consequential amendments in statutory guidelines on May 31, 2021, “various major decisions and actions have been taken and executed by the Department with the approval of Minister-in-Charge in violation of the statutory provisions and the Notified Excise Policy, which have financial implications and are in the nature of extending undue favor to the licensee ‘post tender.”
He said that call was taken on the stage of the Council of Ministers modifying the Excise Policy “without obtaining the opinion of Lt Governor as mandated by the recent amendments in Government of NCT of Delhi Act and order dated April 28, 2021 of Lt. Governor’ Secretariat and Transaction of Business of GNCTD Rules, 1993.”
He additionally said that the key modifications in annual license price and modifications in methodology to calculate the license price had been authorized Cabinet Decision on June 23, 2021, however this matter was not submitted for the opinion of Lieutenant Governor.
ALSO READ | CBI names Sisodia, liquor barons and others in FIR over alleged Delhi excise rip-off
He additionally identified that choices had been taken by the excise division with out the approval of the Competent Authority to increase undue favor to the licensee ‘Post Tender”.
The division determined to refund EMD amounting Rs 30 Crores in case of License of Airport Zone because the profitable tenderer was not in a position to receive NOC from Airport Authorities. However Excise Rules gives that the profitable tenderer ought to full all formalities for grant of license failing which all deposits made by him shall stand forfeited.
The Department by order dated November 8, 2021 with out the approval of the authority revised the components of calculation of charges of overseas liquor and eliminated the levy of import go price Rs.50 per case on beer which made the overseas liquor in addition to beer cheaper for retail licensees. “Extension of such benefit, post tender, amounts to extending undue favor to Licencees,” the letter said.
The Department deferred coercive motion towards L7Z licensees in case of default in cost of license price, curiosity and penalty for non-genuine causes in rest of the provisions of the tender doc leading to undue favor to the L7Z licensees.
The Department allowed waiver on tendered license price on account of COVID-19 pandemic from December 28, 2021 to January 27, 2022, even if no particular provision for compensation within the type of discount in tendered license price was accessible within the tender doc. It resulted in undue profit to the licenace and a lack of about Rs. 144.36 Crores to the general public exchequer.
ALSO READ | Delhi authorities’s liquor coverage: Retailers say coverage favours wholesalers
The Department floated a young by incorporating a situation of establishing minimal two liquor vends in every ward with out enterprise any train or due diligence to establish the viability of opening of minimal two vends in every ward. Subsequently, the Department provided the present licensees to open extra vends in conforming areas in lieu of non-conforming wards with out taking approval of the Competent Authority.
No penal motion in accordance with Delhi Excise Act was taken towards the licensees for violation of Rule when data concerning promotional actions being undertaken by Licensees by the utilization of social media/banners/ hoardings got here to the data of the Department.
He additionally said that the Council of Ministers earlier licensed the Deputy Chief Minister Manish Sisodia on April 15, 2021 to make minor modifications inside the total framework of the coverage as could also be obligatory within the curiosity of implementation. However, subsequently as suggested by then LG such authorization was withdrawn by the Council of Ministers by a call dated May 21, 2021. Despite the above, the above choices in query had been taken and applied by the excise division with the approval of Sisodia.
