Delhi High Court - Orders
Help India Against Corruption (Ngo) vs Union Of India & Ors on 26 May, 2022
Author: Vipin Sanghi
Bench: Sachin Datta, Vipin Sanghi
$~27.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8402/2022
HELP INDIA AGAINST CORRUPTION (NGO)..... Petitioner
Through: Mr. Love Kumar Sharma with Mr.
Manish Gupt, Advs.
versus
UNION OF INDIA & ORS. ..... Respondent
Through: Mr. Apoorv Kurup and Ms. Aparna
Arun, Advs. for respondent No.1
Mr. Santosh Kumar Tripathi,
Standing Counsel, Civil, GNCTD
with Mr. Arun Panwar, Mr. Siddharth
Krishna, Mr. Pradyumn Rao and Mr.
H.F. Sachdeva, Advs.
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 26.05.2022 CM APPL. 25291/2022 Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 8402/2022
1. The petitioner has preferred the present writ petition to seek the following relief:
Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10―a) issue a writ in the nature of mandamus for the issuance of directions to the respondents/State (Government of NCT of Delhi) to implement the provisions of Lokpal and Lokayuktas Act, 2013 in the State of NCT of Delhi in letter and spirit as per Section 63 of the Lokpal and Lokayuktas Act, 2013 so as to establish an Institution known as the Lokayuktas for the State to deal with the complaints relating to corruption against certain public functionaries, in the interest of justice;‖
2. The submission of the petitioner is that The Lokpal and Lokayuktas Act, 2013 (The 2013 Act) passed by the Parliament covers, within its ambit, the Group A,B,C and D Officers and Officials of the Central Government under Section 14. He submits that, on the other hand, the Delhi Lokayukta and Upalokayukta Act, 1995 (The 1995 Act) only empowers the Lokayukta to enquire into the allegations only against certain public functionaries, and does not extend to employees of Delhi Government. The petitioner has placed on record, the reply received by the petitioner in response to the query raised under the Right to Information Act, 2005, dated 10.01.2022, wherein it is, inter alia, stated that:
―1.The post of Lokayukta is vacant w.e.f. 16/12/2020. The Lokayukta works as per the Delhi Lokayukta and Upaloakayukta Act, 1995.
2.The Lokayukta is to inquire into allegations against the Public Functionaries cover in the ambit of Delhi Lokayukta and Upalokayukta Act, 1995 and employees of Delhi Government are not covered under the said Act.‖
3. The submission of learned counsel for the petitioner is that the ambit of the legislation passed by the Legislature of the NCT of Delhi is, therefore, narrower when compared to the ambit of the 2013 Act. The petitioner prays Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10 that the scope and ambit of the 1995 Act should be broadened to cover the public servants in the same manner as they are covered by the 2013 Act.
4. Section 63 of the 2013 Act reads as follows:
―63. Establishment of Lokayukta.--Every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature, to deal with complaints relating to corruption against certain public functionaries, within a period of one year from the date of commencement of this Act.‖
5. Mr. Tripathi, who appears on advance notice has tendered in Court, the communication dated 20.04.2022, which discloses that Shri Justice (Retd.) Harish Chandra Mishra, retired Judge of Jharkhand High Court, has been appointed as the Lokayukta for the NCT of Delhi vide notification dated 15.03.2022, and that he has taken charge of the post of Lokayukta on 23.03.2022. Mr. Tripathi submits that since, in respect of the NCT of Delhi, the Legislative Assembly has already framed the 1995 Act, and the powers vested in the Lokayukta in the NCT of Delhi are in consonance with the said Act.
6. Having heard learned counsels and perused the record, as also Section 63 of the 2013 Act, we are of the view that there is no merit in the plea of the petitioner. The scope and authority of the Lokayukta appointed under the 1995 Act can be gathered from Section 2(m) which defines public functionaries read with Section 7. These provisions read as follows:
―2. (m) "public functionary" means a person who is or has been at any time-
(i) the Chief Minister or a Minister;Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10
(ii) a Member of Legislative Assembly;
(iii) a person having the rank of a Minister but shall not include Speaker and Deputy Speaker of the Legislative Assembly;
(iv) a Chairman, Vice-Chairman or Managing Director or a Member of a Board of Directors (by Whatever name they be called) in respect of -
(1) an Apex Co-operative Society or any Co-
operative Society constituted or registered under the Delhi Co-operative Societies Act, 1972, which is subject to the control of the Government;
(2) a Government Company within the meaning of section 617 of the Companies Act, 1956, engaged in connection with the affairs, and is under the control of the Government;
(3) a Local Authority established under any law in relation to Delhi;
provided that the provisions of this Act shall not be applicable to any authority of a Local Authority constituted under an enactment relatable to Entry No.18 of the State List of the Seventh Schedule of the Constitution;
(4) a Corporation engaged in connection with the affairs, and under the control, of the Government;
(5) any Commission or body set up by the Government which is owned and controlled by it;
(v) a Member of the Municipal Corporation of Delhi as defined in clause 2(27) of the Municipal Corporation Act, 1957 (as amended in 1993);
X X X X X Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10
7. Matter which may be inquired into by Lokayukta or Uplokayukta - Subject to the provisions of this Act, on receiving complaints or other information or suo moto -
(a) The Lokayukta may proceed to inquire into an allegation made against a public functionary in relation to whom either the President or Lieutenant Governor is the competent authority;
(b) The Upalokayukta may proceed to inquire into an allegation made against any public functionary other than that referred to in clause (a); Provided that the Lokayunkta may inquire into an allegation made against any public functionary referred to in clause (b).
Explanation :- For the purpose of this section the expressions ―may proceed to inquire‖ and ―may inquire‖ include investigation by any person or agency at the disposal of the Lokayukta and Upalokayukta in pursuance of sub-section (2) of Section 13.‖
8. The Legislative Assembly of Delhi having already enacted the 1995 Act, a writ in nature of mandamus cannot lie to compel enactment of a new act, or to amend the 1995 Act to bring it in consonance with the 2013 Act. All that Section 63 of the 2013 Act requires is that every State shall establish a body to be known as the Lokayukta for the State, if not so established, constituted or appointed, by a law made by the State Legislature. In respect of the NCT of Delhi, the same has been done by the Legislative Assembly by enacting the 1995 Act. Section 63 further goes on to state that the Lokayukta shall deal with the complaints relating to corruption against certain public functionaries. The 2013 Act does not stipulate that the law made by the State in respect of appointment of Lokayukta should authorise the Lokayukta to deal with corruption cases against all public functionaries who are covered by Section 14 of the Act. It is not for the Court to issue a Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10 mandamus to the Legislature to either enact a law or to amend the law in a particular way as may be desired by the petitioner. We, therefore, find no merit in this petition.
9. Dismissed.
VIPIN SANGHI, ACJ SACHIN DATTA, J MAY 26, 2022 N.Khanna Signature Not Verified Digitaaly Signed By:BHUPINDER SINGH ROHELLA Signing Date:30.05.2022 17:36:10