Delhi HC rejected PIL seeking to include Delhi Officers falls under the category of A B C and D Under Delhi Lokayukta Act,1995

{Delhi Lokayukta Act} NEW DELHI: High Court has rejected public interest litigation seeking the inclusion of Group A, B, C, and D officers of the Delhi government under the Delhi Lokayukta and Uplokayukta Act, 1995.

Help India Against Corruption (PETITIONER) had submitted that Section 14 of the Lokpal and Lokayuktas Act, 2013 passed by the Parliament coves within its ambit the Group A, B, C, and D officers of the Central Government.

Contrary, it was argued that the 1995 Act enacted by the Delhi Legislative Assembly only empowers the Lokayukta to enquire into allegations against the political leadership.

Therefore, it was held that the ambit of the legislation passed by the lawmaker bodies in the NCT of Delhi is narrower than the ambit of the 2013 Act. He prayed that the scope and ambit of the 1995 Act should be broadened to cover public servants in the same manner as they are covered by the 2013 Act.

A division bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta observed that it is not on Courts to issue a writ of mandamus to the lawmakers to either enact or amend the law in a particular way, as may be required by the Petitioner.

Justice Sanghi said – “A government functionary indulging in corruption activities, first of all it is a Criminal offense under the Prevention of Corruption Act. He is also subject to departmental inquiry. So it is all covered…We can quash a law if it is unconstitutional. We can interpret the law. But we cannot direct enactment of the law,”

Rejecting the submission, he further said,

“Where does the 2013 Act say that every state legislation, if existing, in the appointment of Lokayukta, will be amended to be aligned with this Act? Where is the mandate? It’s not there. Can we issue a writ to the legislature to amend or broaden the law? We cannot.”