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Synopsis

The Delhi High Court on Thursday sought the response of the Delhi government and others on a plea by six PWD officials challenging the show cause notices issued to them by the Directorate of Vigilance in connection with alleged "gross violations" of rules in the renovation of Chief Minister Arvind Kejriwal's official residence.

The plea challenged a June 19, 2023 show cause notice issued by Special Secretary (vigilance), Directorate of Vigilance in connection with “construction” work of a “bungalow” which is the official residence of the Delhi Chief Minister.

Justice Chandra Dhari Singh issued notices to the Delhi government through the Directorate of Vigilance, Special Secretary (Vigilance) and Public Works Department on the petition and granted them four weeks to file the counter affidavit in response to the plea.

The court posted the matter for further hearing on October 12, 2023.

During the hearing, at the very onset, Senior Advocate Salman Khurshid for the petitioner prayed that the Office Minister of PWD and the Office of Chief Minister be deleted from the array of parties.

Senior Advocates Salman Khurshid and Atul Nanda submitted that the petitioners before the court are aggrieved of the show cause notice dated 19th June 2023. “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 was submitted.

The senior counsel also submitted that the petitioners were officers of the Public Works Department, whereas, the show cause notice had been issued by respondent no. 2, i.e. the Special Secretary (Vigilance), Directorate of Vigilance and as such the petitioners were not amenable to the jurisdiction of the Vigilance Department with respect to any disciplinary proceedings.

It was further contended that the Special Secretary (Vigilance), Directorate of Vigilance lacks jurisdiction and authority to issue the Show Cause Notice and hence, the Notice itself was liable to be quashed.

The petitioners in the plea stated that, during the bungalow construction, they were posted in PWD and some have now been transferred to CPWD again. They also submitted that they had filed an interim reply to the notice on August 7 challenging the concerned officer’s jurisdiction that as per “Central Civil Services (Classification, Control and Appeal) Rules, 1965, the power to initiate any disciplinary action against the petitioners vests with either the President of India or an appointee of the President or the Central Vigilance Commission.

On the contrary, Senior Advocate Rahul Mehra appearing for two respondents vehemently opposed the plea and prayed for some time to file counter affidavit. He, on instructions, said that no coercive steps shall be taken by the respondents against the petitioners till the next date of hearing.

Advocate Yoginder Handoo, on behalf of the Special Secretary (Vigilance), accepted notice for the officer concerned and sought time to file their objections.

“Let counter affidavit be filed within four weeks on behalf of respondent no. 1, 2 and 5. Rejoinder, thereto if any, be filed within two weeks thereafter. List on 12th October, 2023”, the court ordered.

Case Title: Ashok Kumar Rajdev and Ors. v. Government of NCT of Delhi and Ors.