The Delhi High Court has granted six PWD officials the right to approach the Central Administrative Tribunal (CAT) regarding show cause notices issued to them over alleged “gross violation” of rules during the renovation of Chief Minister Arvind Kejriwal’s official residence.
A bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula dismissed an appeal by the Delhi government’s Directorate of Vigilance and Special Secretary (Vigilance), which challenged a single judge bench’s order that prevented coercive action against the PWD officials who had received show cause notices.
The Directorate of Vigilance, in its appeal, sought to set aside a September 15 interim order of a single judge of the high court, which said no coercive steps shall be taken by any authority against the petitioner PWD officials till October 12.
The court cited a judgment by the constitution bench of the Supreme Court, emphasizing that, in the case of a service dispute, an application must be filed under Section 19 of the Administrative Tribunals Act in the first instance. The division bench stated that the writ petition filed by the PWD officials before the single judge was not maintainable and should have been dismissed at the outset. The division bench disposed of the petition pending before the single judge and allowed the six PWD officials to approach the CAT by filing an original application under the Administrative Tribunals Act.
The Directorate of Vigilance had issued show cause notices to the six PWD officials, including chief engineers, over alleged violations of rules in the renovation of Kejriwal’s official residence. The notices required them to explain their actions. The single judge of the high court had issued an interim order protecting the PWD officials from coercive action while hearing their petition, which sought to quash the show cause notices on the grounds that they were issued without jurisdiction and competence and in an abuse of the process of law.
The PWD officials argued in their petition that they did not violate any rules, statutes, or office orders and that their actions were carried out in full discharge of their official duties. However, the show cause notices alleged gross violations of financial rules, the CPWD manual, and CVC guidelines.
