Union Of India vs Government Of Nct Of Delhi & Ors.
2014 Latest Caselaw 2375 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     W.P.(C) 2946/2014 & CM APPL. 6130/2014

      UNION OF INDIA                              ..... Petitioner
                    Through: Mr. Mohan Parasaran, Solicitor General
                             with Mr. Chidanda D.L., Mr. B.V.
                             Niren, Mr. Prasouk Jain, Mr. Ashwin
                            Kumar, Mr. Udit Gupta and Mt. Atit
                            Jain, Advocates for UOI.

                         versus

      GOVERNMENT OF NCT OF DELHI & ORS.       ..... Respondents
                  Through: Ms. Zubeda Begum, Advocate for
                          GNCT of Delhi.

      CORAM:
      HON'BLE MR. JUSTICE MANMOHAN

                   ORDER

% 09.05.2014 Present writ petition has been filed seeking quashing of FIR No.17/2014 registered by the Anti-Corruption Branch of Delhi Government as well as for declaration that the said Anti-Corruption Branch has no jurisdiction with regard to employees/public servants of the Central Government.

Mr. Mohan Parasaran, learned Solicitor General for UOI submits that the Anti-Corruption Branch of the Delhi Government has no power and jurisdiction to investigate the subject matter of the complaint, namely, Gas pricing, having regard to the Constitutional Scheme and the limited powers of the Government of National Capital Territory of Delhi.

He emphasises that the FIR in substance seeking to investigate the decision with regard to Gas price fixation falls within the exclusive domain of the Central Government by virtue of Entry 53 in List I.

Mr. Mohan Parasaran, learned Solicitor General refers to Article 239AA and points out that the Entries 1 and 2 of the State List of the Seventh Schedule have been specifically excluded from the domain of the Legislative Assembly of the National Capital Territory of Delhi and consequently law and order, police, public order and related matters are within the exclusive power and jurisdiction of the Union Government in relation to Delhi.

Mr. Parasaran, learned Solicitor General also draws this Court's attention to the revised Rules of procedure for enquiries and investigation by the Anti-Corruption, Delhi as well as Notification dated 01st November, 1993 to submit that the said bureau is concerned only with officials of Delhi Administration as well as other statutory bodies over which the Lieutenant Governor exercises control.

Mr. Parasaran, learned Solicitor General submits that the aforesaid FIR is an 'assault' on the Federal structure of the Constitution.

Issue notice.

Ms. Zubeda Begum, learned counsel accepts notice on behalf respondents. She states that she has no instructions. She prays for and is granted one week to obtain instructions and file a counter affidavit.

Rejoinder affidavit, if any, be filed before the next date of hearing. List the matter on 20th May, 2014.

In the meantime, no coercive steps shall be taken in pursuance to FIR No.17/2014.

Order dasti under the signature of Court Master.

MANMOHAN, J MAY 09, 2014 js