R.K. SAXENA Vs. RAVINDER BALWANI

JUDGEMENT

(1.) These three petitions involve the interpretation of Sections 2(m) (iv) and 17 of the Delhi Lokayukta and Upalokayukta Act, 1995 ("DLAU Act").

(2.) The background to these petitions is that Shri Ravinder Balwani (the Respondent in W.P.(C) No. 1136 of 2010) filed a complaint before the Lokayukta complaining of Shri R.K. Saxena (the Petitioner in W.P.(C) No. 1136 of 2010) of misusing his official position as Director (Administrative) as well as Director (HR) of Delhi Transco Ltd. ("DTL") for personal benefit. Balwani's specific case was that Saxena being the Director of DTL, a company owned by the Government of National Capital Territory of Delhi ("GNCTD") was a "public functionary" within the meaning of Section 2(m) (iv) of the DLAU Act.

(3.) In response to the above complaint Saxena took the plea that the Lokayukta had no jurisdiction over Saxena under Section 17 of the DLAU Act since Saxena was a member of the Indian Administrative Services ("IAS") and that it was in that capacity he was sent on deputation to the DTL as Director (Administrative) & Director (HR). Saxena's case was that he did not lack immunity from jurisdiction of the Lokayukta under Section 17 only because he was a Director of a company owned by the GNCTD.