NEW DELHI, Jan 5: The Delhi High Court on Thursday asked the Lokpal to state whether the law mandates prior sanction of the Delhi government before initiating an inquiry against MCD officials, a development that came in the wake of the anti-graft ombudsman ordering a CBI probe against officials of the civic body over alleged unauthorised constructions.
Justice Pratibha M Singh granted time to the counsel for the Lokpal of India to seek instructions on the petition by the Municipal Corporation of Delhi (MCD) against the anti-corruption authority’s order for a CBI probe on a complaint filed by an individual.
Senior counsel Sandeep Sethi, appearing for the petitioner, contended that the order passed by the Lokpal cannot be sustained in the absence of the sanction of the Delhi government.
Advocate Apoorv Kurup represented Lokpal and sought time from the court to seek instructions on the petition. However, he said that given Delhi’s unique position, the MCD comes under the Centre and no such consent, as contended by the petitioner, is required.
Observing that the Lokpal Act is a very sacred enactment, the court listed the case for further hearing on January 9.
The judge said in view of the applicable law, ultimately the issue was whether the MCD was funded by the Delhi government.
“List for 2:30 pm on Monday. No more adjournments,” the court said.
The proceedings before the Lokpal arose from a December 2021 complaint by Vikram Singh Saini, a former General Secretary of the Samajwadi Yuvjan Sabha, alleging there were some “illegal constructions” in South Delhi on account of the conduct of certain MCD officials.
MCD counsel Sethi argued that no case of corruption is made out against the MCD officials who were performing their duties even during the pandemic and took action against over 1,000 unauthorised buildings.
In the petition filed through lawyer Sanjay Vashisht, the MCD has claimed the complainant, without following the requisite procedure, filed a “frivolous, unsubstantiated and a vague complaint” to the Lokpal and the same does not even make allegations with respect to corrupt activities.
It has said 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 Respondent, despite appreciating the fact that the complaint was not filed in a proper format and the fact that the complaint dated 30.12.2021 does not contain any specific allegations of corruption against the concerned officials, have passed an impugned order dated 28.11.2022,” the plea said.
The petition has highlighted that the data unequivocally depicts a steady decline in the incidence of unauthorised constructions in South Zone and the officials have been discharging their duties with due diligence.
“The fact that is also evident from the following figures in terms of availability of data from the year 2018. That out of 1,141 properties booked 606 were demolished, 223 were sealed, prosecution in 326 and letter in all such properties were duly issued,” the plea asserted.
The impugned order, it said, is devoid of jurisdiction and is a “transgression” of the scope and authority vested with the Lokpal under the statute “inasmuch in the absence of any inculpatory/incriminating document or material, inquiry or otherwise to showcase a prima facie case of corruption and especially in the absence of prior sanction from the appropriate government.”
The plea said illegal unauthorised construction was certainly a menace but to buttress the entire menace over a general complaint and a statement upon a certain segment of officials shall cause great mental and psychological agony to the ground force.
It claimed the Lokpal’s order violated the principles of natural justice as the investigation has been ordered against the public servants belonging to the MCD while they were not a party before it.
The plea has alleged that the complainant was trying to influence the officials of the corporation to seek undue favours by filing numerous RTIs (PTI)
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