HC seeks response of Delhi govt, secy vigilance over plea by PWD officials in Kejriwal's house renovation
Aug 17, 2023
New Delhi [India], August 17 : The Delhi High Court on Thursday issued notice to the Government of NCT Delhi and Special Secretary (Vigilance) and PWD on a plea moved by six PWD officials challenging show cause issued to them by the Directorate of Vigilance over alleged ovulation of rule during the renovation of Delhi Chief Minister Arvind Kejriwal's residence.
The bench of Justice Chander Dhari Singh on Thursday issued notice to all respondents including the Delhi government, Public Works Department (PWD) and Special Secretary (Vigilance) and fixed the matter for October 12, 2023
The Court meanwhile noted that Senior Advocate Rahul Mehra appeared for the Directorate of Vigilance and PWD Department on instructions, stating that no coercive steps shall be taken by the respondents against the petitioners (six officials)till the next date of hearing.
Salman Khurshid and Atul Nanda, the senior counsels appeared on behalf of the petitioners, on the merits of the matter, submitted that the petitioners before this Court are aggrieved of the Show Cause Notice issued by the Directorate of Vigilance the principal contention against the said Show Cause Notice is that the said Notice has been issued by an authority that is neither authorized nor competent to initiate disciplinary action against the petitioners.
It is submitted that the petitioners are officers of the Public Works Department, whereas, the Show Cause Notice has been issued that is, the Special Secretary (Vigilance), Directorate of Vigilance and as such the petitioners are not amenable to the jurisdiction of the Vigilance Department with respect to any disciplinary proceedings.
It is further submitted by petitioners' lawyers that the Directorate of Vigilance lacks jurisdiction and authority to issue the Show Cause Notice and hence, the notice itself is liable to be quashed.
Lawyers further argued that the petitioners have made an interim reply dated August 7, 2023, to the Show Cause Notice in question, challenging the jurisdiction of the respondent to issue a notice qua disciplinary action against the petitioners, and contenting that, as per Part V, Rules 11, 12 and 13 of the CCS (CCA) Rules, 1965, the power to initiate any disciplinary action against the petitioner's vests with either the President or an appointee of the President or the Central Vigilance Commission but not with the Directorate of Vigilance.
Meanwhile, the court agreed to delete the office of the Minister of PWD and the office of the Chief Minister as respondent parties to the petition.
Recently, the Directorate of Vigilance has issued show-cause notices to seven PWD officials in connection with alleged "gross violations" of rules in the renovation of Delhi Chief Minister Arvind Kejriwal's residence.
