MCD-Lokpal case: Delhi govt's permission required to recommend action against MCD officer, HC asks Lokpal

New Delhi [India], January 5 : The Delhi High Court on Thursday asked the Lokpal whether permission of the Delhi Government is required before recommending action against the officer of the Municipal corporation of Delhi (MCD) in corruption cases.
This legal issue was raised by the senior counsel appearing for the MCD. The matter has been listed the matter on this legal issue for Monday.
The civic body has challenged the direction of Lokpal for the Central Bureau of Investigation (CBI) investigation against the officer of the civic body.
The high court on December 23 refused to stay the order of the Lokpal of India directing a CBI investigation against MCD officials.
The Lokpal ordered the CBI investigation on the basis of a complaint against the alleged illegal and unauthorised constructions in Delhi.
The MCD has challenged the order of Lokpal before the Delhi High court.
The bench of Justice Prathiba M Singh on Thursday granted time to the counsel for the Lokpal to take instructions on this issue and listed the matter on January 9.
During the hearing senior advocate Sandeep Sethi appearing for the MCD submitted that a body like MCD, which is partially funded by the State governments, its consent has to be taken.
On the other hand, Apoorv Kurup, counsel for Lokpal sought time to take instructions on this issue.
The court while refusing Ex Parte stay had said that it will not pass an order of stay without hearing the other party.
The bench said, "Lokpal is consisting of three members with a retired high court judge... Once Lokpal has considered the matter, there are some reasons. I have to hear them.. "If you make out a case on the next date, I will stay the proceedings."
The counsel for MCD argued that Nobody would be able to do their work if a CBI investigation is ordered in a case such as the present one.. and by the same logic, an investigation should also be ordered against the police for crime in Delhi.
While expressing its concern, the court had said, "MCD can't be equated with Delhi police. Its engineers are a problem. Unauthorised construction, encroachment, everything takes place. Something has to be done."
The Lokpal initiated the proceedings on a complaint filed by Vikram Singh Saini, a former General Secretary of Samajwadi Yuvjan Sabha. He a complaint in December 2021 and alleged that certain "illegal constructions" in South Delhi were because of their (Engineers) conduct.
On the other hand, MCD had refuted the allegations and its petition claimed that the complainant filed a "frivolous, baseless and vague complaint" to the Lokpal. There are no allegations of corrupt activities.
The petition stated that the Lokpal passed a "blanket order" on the basis of an "incoherent and general complaint" with respect to illegal constructions in South Delhi in 2020-21.
The petition said the data depicts a "steady decline" in unauthorised constructions in the south zone and the officials have been discharging their duties effectively.
This fact is also evident from the data from the year 2018. It shows that out of 1141 properties booked, 606 were demolished, 223 were sealed, the prosecution in 326 and letter in all such properties were duly issued," the petition said.
The MCD has contended that the order passed by Lokpal Lokpal violated the principles of natural justice as the investigation was ordered against MCD officials who were not a party before it.