LI Network
Published On: December 21, 2021 18:20 IST
Delhi High Court Bench of Hon’ble Justice Mukta Gupta in W.P.(CRL) 2544/2021 With CRL.M.A. 20518/2021 issues Notice to the Government of NCT of Delhi.
In the present petition Petitioner Mohammad Ajazur Rahman has sought the registration of First Information Report (FIR) under the aegis of Prevention of Corruption Act, 1988.
Petioner claimed Government of NCT of Delhi used the Covid-I9 funds for their own benefits.
It is submitted to the Court that there is a sheer connivanceand mens rea have exploited the opportunity of Covid-l9 to divert thededicated funds as entrusted to the Lok Nayak Jai Prakash NarayanGovernment Hospital to gain illicit benefits for their own sake.
Counsel for the Petitioner, Payal Bahl submitted to the Hon’ble Court that the full bench of the Hon’ble Lokpal of India vide order dated 9ft November 2021 has provided its consent under aegis of Section 20 of Lokpal & Lokayukta’s Act,2013 for initiating actions against the accused officers.
The judgment of the Hon’ble Lokpal of India also satisfies the prima facte precondition for as referred in Section 197 of the Code of Criminal Procedure,1973.
Also, Hon’ble Lokpal of India speaking through Full Bench has also passeda judgement in the Complaint No. 25 of 2021 in the favour of the WritPetitioner for acting against the officers of the Government of NCT ofDelhi under aegis of Section 20 of Lokpal & Lokayukta’s Act, 2013.
Full Bench Lokpal stated in the Judgment, “Taking into consideration all the above aspects, we are of the vtew that there exists a prima facie case forproceeding under Section 20(3)(b) of the Lokpal & Lolrayuha’s Act, 2013, for the initiation of departmental proceedings or any other approprtate action against the concerned public servant by the Competent Authority.”
Matter is listed for 22 Feb, 2022