New Delhi, Jul 13: The CBI found negligence by three MCD engineers in its further probe into the case regarding the drowning of three civil services aspirants in an illegal basement of a coaching centre in the city’s Old Rajinder Nagar area in 2024, the agency has said in a supplementary final report filed before a Delhi court.
The report was submitted before Principal District and Sessions Judge Dinesh Bhatt, who on March 12 this year directed the agency to conduct further probe into the role of Municipal Corporation of Delhi officials in probable dereliction of duty or corrupt practices.
The report dated July 8, which seeks closure of the court’s directions, however, gave a clean chit to the then Deputy Commissioner of MCD, Karol Bagh Zone, Kumar Abhishek, and an ex-superintending engineer, Ajay Nagpal.
It said that, according to further investigation, dereliction of duty and negligence were shown by three MCD officials of the Karol Bagh Zone’s building department, namely, Arnav Datta, the then junior engineer (JE), Rajeev Kumar Jain, the then assistant engineer (AE), and Kumar Mahendra, the then executive engineer (EE).
Signed by the investigating officer (IO), Ankit Sharma, the report said that “MCD has already initiated departmental proceedings against the said officials on the recommendations of the CBI, and the same are presently continuing”.
“In view of the same, final report in the form of closure in respect of directions issued vide order dated March 12, 2026, is submitted, and it is prayed that this court may kindly be pleased to accept this report and pass the necessary orders.”
Regarding Kumar Abhishek’s role, it said that the relevant file was placed before him for issuance of a show-cause notice under the Delhi Municipal Corporation (DMC) Act provisions for violations of the Master Plan for Delhi (MPD) 2021 by the coaching centre’s building.
“At that stage, no specific misuse of the basement as an exam hall or library was reported by the subordinate officer(s).”
“During the subsequent personal hearings conducted in his quasi-judicial capacity, he directed the examination of the documents and submission of a detailed inspection report, but even in the reports thereafter placed before him, no violation relating to the use of the basement was brought to his notice,” the report said.
It said, accordingly, that there is nothing on record to indicate any negligence, lapse or dereliction of duty on his part, as he acted on the basis of the reports and information provided by the subordinate officers.
“Investigation with regard to the role of the then superintending engineer Ajay Nagpal revealed that the file was placed before him only on two occasions in the normal course of official processing,” the report said.
It said Nagpal was not the inspecting officer, nor the custodian of the file and was not privy to the factual verification of the premises or the documents submitted by the owner or occupier.
“The notes and reports put up by the subordinate officers did not disclose any specific violation regarding the use of the basement as an exam hall or library, and since no record placed before him disclosed that the basement was being used as an exam hall, there was no occasion to act upon such misuse,” the report said.
Explaining the negligence of the civic body’s engineers, the supplementary final alleged that Dutta, during an inspection in September 2023, falsely reported the basement was being used for furniture storage even though he was aware it functioned as an exam hall.
Noting that the words ‘Exam Hall were found to be “removed or concealed” on the institute’s signboards in photographs taken by the official, the report claimed, “This shows that even though the JE had knowledge that the basement was being used for an exam hall, he deliberately mentioned it as furniture storage.”
The agency alleged that Jain showed “total negligence” in his duties and that despite attending multiple hearings and having access to the building’s records, he failed to report the blatant misuse of the basement to his superiors.
“He was required to examine the documents submitted by the owner/occupier, verify the actual use of the premises, and report any misuse or violation… he failed to carry out proper verification, thereby showing negligence on his part and constituting dereliction of duty,” the report said.
It claimed that Mahendra “failed to ascertain the misuse” of the property despite this documentary evidence.
“He failed to notice that the lease deed specifically stated that the basement would be used for the purpose of coaching, although the same had been approved for the usage as household storage and parking,” the report said.
The actions of Jain and Mahendra, the report said, provided the coaching centre with a “shield” of time to continue its unauthorised operations.
By not flagging the contradictions between the sanctioned plans and the actual commercial activity, these officials allowed a hazardous situation to persist, it said.
Earlier, Abhijit Anand, counsel for Dalvin Suresh, who is the father of deceased Nevin Dalvin, had filed a protest petition alleging that the central agency’s investigating officer (IO) did not conduct a “free and fair investigation”, following which the court had directed further inquiry.
The three civil service aspirants died in a flooded basement of a coaching centre in Delhi’s Old Rajinder Nagar area on the evening of July 27, 2024.
On August 2, 2024, the Delhi High Court had transferred the case to the CBI, directing “a full-fledged investigation”, including but not limited to criminal negligence, dereliction of duties and corrupt practices.
