Delhi: LG Saxena dismisses DASS officer Harish Bajaj from services for "fraudulently registering" govt land

Jan 27, 2023

New Delhi [India], January 27 : Delhi Lieutenant Governor VK Saxena on Friday dismissed Harish Bajaj, Delhi Administrative Subordinate Services (DASS), Grade I officer from his services.
According to an official statement issued by Rajniwas, Haish Bajaj was fraudulently registering 57 sales/purchase deeds of government and gram sabha lands and lands falling in Khasras that had already been notified u/s 4 & 6 of the Land Acquisition Act, 1894, in favour of private persons.

"Bajaj illegally registered 106 instruments with mala fide intentions and financial quid pro quo, in violation of rules, regulations and instructions issued by the Revenue Department. Of the 106 instruments, 57 were in relation to government/gram sabha lands," the statement read further.

Disposing of a case of appeal filed by Bajaj against an order of the government that had 'compulsorily retired' him from services in 2020, for the acts of commission and omission on his part, the LG observed that the 'penalty of compulsory retirement' is grossly disproportionate and Harish Bajaj, Deputy Secretary (Labour Department), is liable to be held responsible for gross dereliction in the discharge of his duties and responsibilities and for proven misconduct, the ends of justice would be met by imposing an appropriate major penalty, and therefore, proposed to enhance the penalty to 'dismissal from service'.

The statement further added that Bajaj in his appeal to the LG - who is the appellant authority in such matters, had not denied having registered the said lands. In support of his misconduct, omission/commission, he had contended the sub-registrar performs his duties under the provisions of the Registration Act 1908. As per Rule 42, the sub-registrar has nothing to do with the 'title of land' and a sub-registrar is under no obligation to verify the title of property before registering it.

However, the LG ruled that the averments of Bajaj were misleading and he had blatantly disregarded government orders and circulars. As per the order dated January 3, 200, of the Revenue Department, GNCTD, no fresh instrument of transfer, including GPAs in relation to government land, which includes acquired land and land notified under Sections 4 and 6 of the Land Acquisition Act, 1894, shall be registered without the compliance of the provisions of Delhi Land (restriction on transfer) Act, 1972.

"Bajaj violated the aforementioned provisions and registered 57 instruments pertaining to government land without even obtaining the status report of the land from the competent authority i.e. ADM (East) as prescribed vide order dated 25.08.2006," Raj Niwas added in the statement.