Delhi High Court: A petition was filed by Public Works Department (petitioner) seeking direction for quashing the show cause notice dated 19-6-2023 issued by the Directorate of Vigilance (respondent 2) as the petitioners are not amenable to the jurisdiction of the Vigilance Department with respect to any disciplinary proceedings. Chandra Dhari Singh, J., directs to issue notices and file counter affidavits within 4 weeks.
The petitioner was aggrieved of the show cause notice dated 19-06-2023 issued by respondent 2 because the said notice has been issued by an authority that is neither authorized nor competent to initiate disciplinary action against the petitioners. Counsel for the petitioner submitted that respondent 2 lacks jurisdiction and authority to issue the show cause notice and hence, the notice itself is liable to be quashed.
The petitioners filed an interim reply dated 07-08-2023 to the show cause notice in question, challenging the jurisdiction of respondent 2 to issue a notice qua disciplinary action against the petitioners, and 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 petitioners vests with either the President or an appointee of the President or the Central Vigilance Commission but not with the respondent 2.
On counsel for State stating that no coercive steps shall be taken by the respondents against the petitioners till the next date of hearing, counsel for respondent 2 objected contending that an undertaking of such nature may not be given because there is a prima facie case made out against the petitioners, thus, there is no force in the ground raised on behalf of the petitioners that the Show Cause Notice dated 19-06-2023 has been issued without jurisdiction.
Thus, the Court issued notices and directed to file counter affidavits within 4 weeks.
[Ashok Kumar Rajdev v. Govt of NCT of Delhi, 2023 SCC OnLine Del 5015, decided on 17-08-2023]
Advocates who appeared in this case :
Mr. Salman Khurshid and Mr. Atul Nanda, Sr. Advocates with Mr. Kamal Mohan Gupta, Mr. Ajay Gupta, Mr. Amber Shehbaz Ansari, Mr. Firoz Khan, Mr. Tanveer Ahmed Khan, Ms. Richa Bais, Ms. Sidra Khan, Mr. Martand Singh and Ms. Vartika Aggarwal, Advocates for the Petitioner;
Mr. Rahul Mehra, Sr. Advocate with Mr. Santosh K. Tripathi, Standing Counsel (Civil) for GNCTD and Mr. Udit Malik, ASC alongwith Mr. Vishal Chanda, Advocate for the R-1 and 5;
Mr. Yoginder Handoo and Mr. Ashwin Kataria, Advocates for R-2 along with Mr. Buniyad Singh, A.D., Vigilance and Mr. Y.V.V.J. Rajasekhar, I.A.S., Special Secretary, Vigilance.
