In a recent development, the Delhi High Court has issued a directive to six Public Works Department (PWD) officials, instructing them to approach the Central Administrative Tribunal (CAT) to contest the show cause notices served upon them by the Delhi Government’s Vigilance department.
The notices, which have been a subject of controversy, were issued to these officials in connection with alleged rule violations concerning the renovation work carried out at Chief Minister Arvind Kejriwal’s official residence.
The division bench, consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula, ruled that the officials’ petitions, which were originally filed before a single judge, were not tenable, citing a precedent set by the Supreme Court.
This development emerged from the backdrop of an appeal by the Delhi Government challenging a previous order that barred any coercive actions against the PWD officials.
The crux of the argument presented by the Delhi Government was that since these officials are Central Government employees, they should seek recourse through the Central Administrative Tribunal to challenge any disciplinary measures imposed upon them.
The bench, in its judgment, underlined the principle that litigants cannot directly approach High Courts, even in cases involving the validity of statutory legislations, without first availing the appropriate Tribunal.
It’s crucial to note that the bench refrained from making any comments on the merits of the case, focusing solely on the question of whether the Delhi Government’s appeal was maintainable.
Background and Proceedings before the Single Judge
This latest directive from the Delhi High Court follows a series of legal developments related to the case. On August 17, the court had issued notices to the PWD officials and sought responses from the Delhi Government’s Vigilance and Public Works Department.
At that time, both the PWD and the Delhi Government’s Director of Vigilance assured the court that they wouldn’t take any coercive actions against the officials until October 12.
Subsequently, the officials filed an application seeking to restrain the Delhi Government from initiating any departmental or criminal actions against them, contrary to the court’s assurance.
Their main argument was centered around the claim that the show cause notices issued by the Vigilance department lacked authorization and jurisdiction to initiate disciplinary proceedings against them. They argued that, as PWD officers, they fell outside the purview of the Vigilance department in disciplinary matters.
Furthermore, the officials contended that the notices were a consequence of a “political tussle” between the Lieutenant Governor and the ruling Aam Aadmi Party, with them being unfairly targeted.
They emphasized that all renovation work had been carried out under the directives of the PWD minister, with no personal gain involved.
The case, titled GOVERNMENT OF NCT OF DELHI & ANR. v. SH. ASHOK KUMAR RAJDEV & ORS, continues to evolve, with the recent directive from the Delhi High Court shaping the course of legal proceedings.
