Sunklan Porwal v. Union Of India And ORS.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11610/2018 & CM No.44860/2018 (Stay) SUNKLAN PORWAL ..... Petitioner Through:

Ms. Preeti Singh, AOR with Dr.Swati Jindal & Mr. Shivam Jaiswal, Adv. along with petitioner in person versus UNION OF INDIA AND ORS.

..... Respondents Through:

Ms. Maninder Acharya, ASG for UOI Mr. Ajay Digpaul, CGSC with Ms. Madhuri Dhingra, Adv. for R-1/UOI Ms. Tatini Basu, Adv. for R-2/CVC Mr. Vikramjit Bannerjee, ASG with Ms. Rajdipa Behura, SPP & Mr. Satish Dagar, SP for CBI

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 14.11.2018 The prayers made in this writ petition read as under: "a) this Hon'ble Court may be pleased to call and peruse the orders dated 23.10.2018, passed by UOI, as reported in the media, whereby, Shri Nageshwar Rao IPS has been appointed as interim Director CBI, and quash the same as being illegal and violative of provisions of CVC Act, DPSE Act and the judgment passed by the Hon'ble Supreme Court in Vineet Narain case (supra);

b) Pass such further orders as this Hon'ble court may deem fit and possible in the fact and circumstances of the case;" W.P.(C) 11610/2018

From the aforesaid it is clear that the prayer (a) is qua the order dated 23.10.2018 by which the powers of Director and Special Director of CBI have been taken over by certain individual who has been made as an interim Director.

The aggrieved persons directly affected by the order passed on 23.10.2018 are agitating the matter before the Supreme Court and therefore as the Supreme Court is already seized of the matter, we are not inclined to interfere into the matter at the instance of the petitioner in a public interest litigation when the persons directly affected and aggrieved by the order dated 23.10.2018 have already invoked the jurisdiction of the Supreme Court under Article 32 of the Constitution of India. In view of the above, the writ petition stands disposed of. CHIEF JUSTICE V. KAMESWAR RAO, J NOVEMBER 14, 2018/ns W.P.(C) 11610/2018