Delhi Lt-Governor Najeeb Jung. Delhi Lt-Governor Najeeb Jung.

Lieutenant Governor Najeeb Jung has sought the Centre’s opinion on whether the Delhi government has the power to set up a commission of inquiry to probe the 2002 CNG fitness scam, without seeking his approval first.

The probe could put some senior bureaucrats of the erstwhile Congress government under the scanner, sources said.

While Jung has apprised the Centre of the Delhi’s government’s decision to probe the scam, the central government will respond to Jung’s query only after seeking legal opinion on the issue, said sources.

On August 11, the AAP government had decided to constitute an independent Commission of Inquiry to probe various aspects of the award of work in connection with the scam in the transport department.

The one-man commission, appointed under the Commission of Inquiry Act, 1952, will be chaired by Justice S N Agarwal, a former judge of the Delhi and the Madhya Pradesh high courts.

The commission is expected to complete its probe within three months from the date of its first sitting, government officials said. The Delhi government has claimed that it has the power to set up a commission and the approval of the Lt-Governor is not required for that.

The cabinet decision was taken after the government received complaints about alleged attempts to brush the scam — in which the state exchequer suffered losses of over Rs 100 crore — under the carpet, Delhi government officials had stated.

Meanwhile, the Delhi High Court on Wednesday directed the AAP government to submit its reply to a plea challenging its notification for setting up a commission of inquiry to probe the scam.

The bench of Chief Justice G Rohini and Justice Jayant Nath asked the Delhi government to file a short affidavit within two weeks stating whether the Lt-Governor’s approval is required to issue such a notification.

During the brief hearing, counsel for petitioner Rajender Prasad, a retired inspector of the transport department, said the state government had “arbitrarily” issued a notification on August 11, setting up a commission of inquiry without prior approval of the Lt-Governor, and sought its quashing.

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