Delhi Lokayukta Manmohan Sarin on Monday accepted an unconditional expression of regret by seven councillors of East Delhi in a case of locking of a Municipal Corporation of Delhi Deputy Commissioner's office. The councillors included five from the Bharatiya Janata Party and one each of the Congress and Bahujan Samaj Party.
The office of the Lokayukta said the regret was tendered during an inquiry being conducted into the said incident. Mr. Justice Sarin had earlier taken suo motu cognisance of a media report alleging that office of the Deputy Commissioner Shahdara (South) Zone, MCD, was sealed by councillors following a tumultuous ward meeting that was abandoned. The councillors were demanding transfer of Brigadier Rajinder Singh, Deputy Commissioner Shahdara (South) Zone, as they were finding it difficult to administer the Zone along with him. The councillors had also protested against sealing and demolition action against unauthorised constructions in Shahdara Zone.
The councillors -- Ravi Prakash Sharma, Rajesh Gaur, Hari Chand Kardam, Vinod Kumar Binni, Sumesh Kapoor, Prabha Singh and Lata Gupta – after partly contesting their case decided to express their unconditional regret that as a result of their sit-in demonstration or ‘dharna', the entrance to the DC's office was blocked. They also assured that any protest by them in future would be peaceful and strictly in accordance with law.
Delivering the order, Mr. Justice Sarin said: “In this case, suo motu cognizance was taken and an inquiry was held into the conduct of public functionaries i.e. Municipal Councillors, by this forum. Recently a few media reports and misinformation by certain interested quarters have sought to create an erroneous impression that Lokayukta in Delhi is to inquire into cases of corruption only i.e. cases of bribe, graft and illegal gratification and not any other misconduct of public functionaries. It is claimed that Lokayukta is not to act as ‘moral policeman' or inquire into allegations of misrepresentation or corrupt practices, which are to be inquired by Election Commission”.
Referring to the recent defence of Delhi PWD Minister Raj Kumar Chauhan following the indictment of Chief Minister Sheila Dikshit in ‘Rajiv Rattan Awas' case, that Delhi Lokayukta should confine to cases of corruption only, Justice Sarin said: “Lokayukta, no doubt, inquires into cases of corruption or of possession of disproportionate assets. Besides there is a clear mandate of the Statute to inquire into allegations, against ‘public functionaries', of failing to act in accordance with the norms of integrity and conduct.”
Noting that the above jurisdiction is in addition to any remedy under any other law, he further stated that while the conduct of public functionaries inside the house is within the domain of legislature, misconduct in public life was left to institutions such as Lokayukta.
