Delhi High Court - Orders
Anurag Rastogi , Principal Secretary ... vs Competition Commission Of India & Anr on 18 July, 2022
Author: Najmi Waziri
Bench: Najmi Waziri
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ LPA 520/2019 & CM APPL. 36179/2019, CM APPL. 36181/2019 &
CM APPL. 36182/2019
ANURAG RASTOGI , PRINCIPAL SECRETARY
IRRIGATION, GOVT OF HARYANA & ORS ..... Appellants
Through: Mr Krishnan Venugopal, Senior
Advocate with Mr Vaibhav Gaggar,
Ms Sumedha Dang, Ms Deepanshi,
Ms Kokila Kumar, Mr Mrityunjay
Mahendra, Mr P. Khurana and Mr
Krishnan Aggarwal, Advocates.
versus
COMPETITION COMMISSION OF INDIA
& ANR. ..... Respondents
Through: Mr N. Venkatraman ASG with Ms
Rajdipa Behura, Mr Philomon Kani,
Ms Hansika Sahu, Ms Neha Lingwal,
Ms Swayamtosh Rath and Mr Ashray
Behura, Advocates.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
HON'BLE MR. JUSTICE VIKAS MAHAJAN
ORDER
% 18.07.2022 The hearing has been conducted through hybrid mode (physical and virtual hearing).
1. This petition impugns the jurisdiction of the Competition Commission of India to direct the petitioners to file details of their Income Tax Returns for three years (2015-2016, 2016-17 and 2017-18) so that a view could be taken apropos proceedings under Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:21.07.2022 14:36:45 section 48 of the Competition Commission Act, 2002 against the said petitioners, who are senior IAS officers.
2. The learned Senior Counsel had eloquently put forth the case of the petitioners on the previous date of hearing.
3. The case is listed for arguments on behalf of the respondents.
4. The learned ASG states that proceedings against the four officers of Department of Town and Country Planning, Government of Haryana have been dropped. Indeed, the proceedings have been dropped not only against the four officers but also against Haryana Urban Development Authority (HUDA). The operative part of the order dated 13.07.2022 passed by the CCI reads, inter alia, as under:-
"15. Having considered the aforesaid developments, the Commission is satisfied that DTCP has taken earnest steps to address the concerns of the builders as reflected in the aforesaid order passed by DTCP and consequent resolution passed by CREDAI-NCR seeking withdrawal of the present case. Having bestowed thoughtful consideration, the Commission is of the opinion that no useful purpose would be served in proceeding with the present matter in light of the aforesaid developments. Accordingly, the Commission decides to close the matter forthwith against OP-1 and OP-2. As a result, nothing would survive against the four officers of DTCP viz. Shri Anurag Rastogi, Shri Arun Gupta, Shri T.L. Satyaprakash and Shri K.M. Pandurang - who were the Director(s) General and Director(s) at the relevant time of DTCP and the proceedings against them also stand closed forthwith."
5. Insofar as the grievance of the petitioners is concerned, it has been Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:21.07.2022 14:36:45 addressed by the above order dated 13.07.2022 which renders the impugned order inoperative. The petition has thus, become infructuous.
6. In the circumstances, learned Senior Counsel, upon instructions, states that he would not like to pursue the matter. It is disposed- off, accordingly.
7. It is to be noted from the above that the proceedings against OP- 1/DTCP and OP-2/HUDA too stands closed, therefore, as a sequitur it will be open to OP-1 and OP-2 to pursue their statutory rights in accordance with law. To this, learned ASG has no objection.
NAJMI WAZIRI, J VIKAS MAHAJAN, J JULY 18, 2022 MK/dss Signature Not Verified Digitally Signed By:ARUNA KANWAR Signing Date:21.07.2022 14:36:45