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Many loopholes in Health Minister JP Nadda's affidavit in whistleblower Chaturvedi transfer case

Union Health Minister J P Nadda and his ministry submitted a dubious affidavit before the Delhi High Court in whistleblower Sanjiv Chaturvedi's removal from the post of CVO AIIMS.

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Union Health Minister J P Nadda
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An affidavit submitted by Union Health Minister J P Nadda and his ministry before the Delhi High Court pertaining to removal of Sanjiv Chaturvedi, known as a whistleblower, from the post of CVO, All India Institute of Medical Science (AIIMS) does not tally with bare facts available with other government agencies.

The affidavit says that Chaturvedi was removed because CVC had given no prior approval for his appointment as CVO AIIMS. But CVC in its affidavit submitted in the same case mentions that the Health Ministry did not even seek its prior approval in appointment of next CVO. Besides, the Health Ministry never mentioned CVC’s no prior approval as reason for Chaturvedi's removal of Chaturvedi. Documents accessed by dna show that the ministry, in a letter to CVC, wrote that Sanjiv Chaturvedi was removed due to lack of approval of AIIMS’ Governing Body (GB) and Institute Body (IB).

In its affidavit, the ministry has claimed that Chaturvedi was appointed as Deputy Secretary (DS) of AIIMS but not as CVO and referred to the PMO letter of November 23, 2012 saying “an error has crept in at the this stage whereby the term post of CVO, AIIMS was used instead of the term post of Deputy Secretary, AIIMS. No post of CVO was ever created at AIIMS and the officer appointed to the post of DS was given the additional charge of CVO."

A noting by a joint secretary and a letter by the Parliamentary Standing Committee had called Sanjiv Chaturvedi’s appointment as CVO. Strangely, the ministry termed both of them  "erroneous."

Both the minister and the ministry took a stand not to disclose the status of the corruption cases in the country’s premier institution as it would hamper the investigation and trial, but CVC in its separate affidavit has referred to the petitioner’s list of 33 cases and informed the court that 21 cases are pending with it and rest were pending with CBI.

Their affidavits were in response to the PIL filed by NGO- Centre for Public Interest litigation through advocate Prashant Bhushan alleging that Nadda was behind whistle blower Chaturvedi’s removal to “save” his own men involved in corruption and "serious irregularities" at the country's premier institute.

Bhushan also sought a court order restraining the minister from taking any decision to withhold the proceedings in some cases initiated by Chaturvedi and also expeditious investigation of the cases initiated by Chaturvedi as CVO against the top level AIIMS officers including former Deputy Director (Admin) Vineet Chaudhary, an IAS officer who allegedly has strong connection with Nadda. 

On the issue of the missing file related to the creation of the post of CVO, the PIL alleged that Chaudhary’s role into the disappearance of file and the Standing Parliamentary Committee had demanded CBI investigation on June 6, 2013, the documents show that the then minister Harsh Vardhan had approved major penalty departmental chargesheet against Chaudhary on this issue whereas Nadda in his affidavit has blamed Chaturvedi for the file disappearance.

Further, Nadda has claimed that CBI investigation report in respect of corruption charges in surgery department (involving the present Director, AIIMS, who was HoD Surgery at that time), has not been received so far, while this report was already sent by CBI to the present CVO of the ministry on 17  December 2014.

The matter was referred to CBI by Chaturvedi in his capacity as AIIMS CVO, after a surprise vigilance checking revealed favouritism to particular suppliers and flouting of financial rules for the same.

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