Mohit Chaudhary v. Delhi Development Authority And ANR

$~144 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6663/2024 & CM APPLs. 27710/2024 & 27711/2024 MOHIT CHAUDHARY ..... Petitioner Through:

Mr. Jasbir Singh Malik with Ms.

Chandni Sharma, Mr. Ganesh Chandra Pandey, Advocates.

(M): 9312283201 Email: jasbirsinghmalik@gmail.com versus DELHI DEVELOPMENT AUTHORITY AND ANR..... Respondents Through:

Ms. Manika Tripathy, SC with Mr.

Ashutosh Kaushik and Mr. Dishant Bhati, Advocates for respondent/DDA.

(M): 9811831835 Mr. Anurag Ahluwalia, Advocate for respondent no. 2/CBI.

(M): 9811418995 Email: anuragcgsc@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

O R D E R

% 17.05.2024 CM APPL. 27710/2024 (for exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

W.P.(C) 6663/2024 & CM APPL. 27711/2024 3.

The present petition has been filed for directions to the respondent no. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

1/Delhi Development Authority ("DDA") to take immediate disciplinary action against the Director, DDA, PM-Uday in view of the findings given by respondent no. 2/Central Bureau of Investigation ("CBI") against the said officer.

4.

When the matter was listed on the last date of hearing i.e., 09th May, 2024, this Court had taken note of the Verification Reports dated 27th April, 2024, 28th April, 2024 and 29th April, 2024 of the CBI.

5.

This Court had also noted the Further Verification Report of the CBI, wherein, it had been noted as follows:- "xxx xxx xxx In the view of aforesaid facts and verifications, it has been prima facie established that Sh. Mukesh Kumar demanded bribe amount of Rs. 50 Lakhs from the complainant on behalf of Sh. Pramod Kumar to clear the file vide case id PMUDAY/CASE/07022024035208/1 of complainant's wife, therefore, it is recommended that a regular case may be registered against Sh. Mukesh Kumar u/s 7A of PC Act-1988 (as amended in 2018). The role of Sh. Pramod Kumar, Director, PM-UDAY, DDA, Delhi may be looked in during the investigation ."

(Emphasis Supplied) xxx xxx xxx"

6.

Perusal of the aforesaid shows that the CBI in its Further Verification Report has stated that regular case may be registered against one Mukesh Kumar and the role of the Director, PM-Uday, DDA, may also be looked into during investigation.

7.

Today, learned Standing Counsel appearing for the DDA submits that it was only upon filing of the present petition, that the DDA came to know with respect to the report of the CBI, where the name of the Director, PMUday, DDA, has also appeared. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

She, thus, submits that taking into account the reports of the CBI, as attached along with the present petition, the said concerned official has already been removed from the post of Director, PM-Uday, DDA on 13th May, 2024. She further submits that a Show Cause Notice has also been issued to the said official asking him to show cause about his conduct. She further submits that necessary action shall be taken by the DDA, in accordance with law.

9.

Mr. Anurag Ahluwalia, learned Standing Counsel for Union of India, representing the CBI, submits that the Verification Reports that have been st filed along with the present petition, are part of the FIR dated 01 May, 2024 that has been lodged by the CBI. Thus, he submits that the CBI is already seized of the matter and investigating the same. 10.

Considering the aforesaid facts and circumstances, it is manifest that the relevant investigation is already being conducted by the CBI. Further, the respondent DDA has also undertaken to take action against the concerned official, after following the due procedure, in accordance with law.

11.

Taking note of the aforesaid facts and circumstances, the present petition is disposed of, along with the pending applications. MINI PUSHKARNA, J MAY 17, 2024 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.