HC seeks stand of Delhi govt, others in plea against show cause notice issued to six ‘PWD officials’

A single judge bench of Justice Chandra Dhari Singh issued notices to the Delhi government (through the Directorate of Vigilance), Special Secretary (Vigilance) and PWD asking them to file responses in four weeks. The matter is next listed on October 12.

At the outset a request was made on behalf of the petitioners that respondent no. 3 (office of Minister of PWD) and 4 (office of Chief Minister) added as parties in the matter be deleted and the same was allowed by the court wherein the petitioners were asked to take the “necessary steps”.

Senior advocates Salman Khurshid and Atul Nanda appearing on behalf of the petitioners, said that the petitioners were aggrieved by the June 19 show cause notice. “The principal contention…is that the said notice has been issued by an authority that is neither authorised nor competent to initiate disciplinary action against the petitioners,” they said.

Khurshid argued: “The petitioners are Central Public Works Department officers (CPWD) who were working under the instructions of the Delhi government…for the work that we were required to do…CPWD cadres working in the Delhi government (encadred posts and not on deputation) will not be susceptible to actions of the Delhi government as far as disciplinary proceedings are concerned”.

The petitioners have stated in their plea that, during the bungalow construction, they were posted in PWD and some have now been transferred to CPWD again.

The senior counsels said that the Special Secretary (Vigilance) “lacks jurisdiction and authority” to issue the show cause notice which thus deserves to be quashed. The petitioners also submitted that they 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”.

Standing counsel for the Delhi government Santosh Kumar Tripathi accepted the notice on behalf of the Delhi government’s Directorate of Vigilance and PWD. Senior counsel Rahul Mehra also appearing for the two respondents “vehemently” opposed the plea and prayed for time to file a counter affidavit. Mehra “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 appearing on behalf of Special Secretary (Vigilance) accepted notice for the officer concerned and sought time to file their objections. The concerned officer–appearing in person objected to Mehra’s statement and said that there is a “prima facie case made out against the petitioners and there is no force in the objections” raised by the petitioners that the June 19 show cause notice has been issued without jurisdiction.