Headlines
HC refuses to restrain Meena from Delhi ACB office, work
New Delhi, June 29
The Delhi High Court on
Monday declined the Delhi government's request to restrain
Anti-Corruption Branch (ACB) chief Mukesh Kumar Meena from dealing with
the anti-corruption department or even entering the office.
Justice
V.P. Vaish refused to pass an interim order on the Delhi government's
plea seeking to restrain Meena from entering the premises of the ACB and
"interfering" in its activities, but asked him to "act in accordance
with law".
The court also issued notice to the central
government, seeking its response by August 11, on the ACB's appointment
as also on the main petition that challenged the Centre's notification
holding that Lt. Governor Najeeb Jung has discretionary powers on
appointments and transfers to key bureaucratic posts in the Delhi
government.
Meena was appointed the ACB chief by Jung on June 8,
superseding ACB chief S.S. Yadav, despite objections from the Aam Aadmi
Party government.
The face-off between Jung and the Delhi
government headed by Chief Minister Arvind Kejriwal has resulted in the
ACB now having two chiefs.
During the hearing, senior advocate
Indira Jaising, appearing for the Delhi government, told the court that
Meena has been "misusing his powers" and threatening officials of the
ACB and the vigilance department.
She argued that to ensure the
ACB is allowed to function smoothly, Meena be restrained from entering
office and interfering in the ACB activities.
Jaising said the
order appointing Meena was issued bypassing the chief minister. "Prior
to issuing order, the Lt. Governor did not consult with chief minister
and/or council of ministers," she said, adding: "ACB was set up more
than 45 years ago and has been directly under the control of the Delhi
government."
The ACB is headed by an additional commissioner of
police and there is no sanctioned post of joint commissioner of police
in it, she argued.
The plea filed by the Delhi government said:
"S.S. Yadav is presently posted as additional commissioner and head of
the ACB. Meena has been directed to look after and is sought to take
over the work of a non-existent post and the order is accordingly
patently void."
"This itself shows how an order has been
hurriedly issued by the Centre without application of mind, apart from
the fact that the said order was issued without jurisdiction and in mala
fide exercise of power," it added.
Additional Solicitor General
Sanjay Jain, appearing for the central government, said that ACB was a
police station and since police fell within the central government's
purview, it was empowered to post someone to head it, and Meena was a
joint commissioner rank officer and not some inspector.