Delhi HC Directs CVC To Inquire Into Corruption Charges Against CEO Of Petronet LNG [Judgment]

The Delhi High Court has directed Central Vigilance Commission to make an inquiry against the CEO of Petronet LNG Ltd for the alleged charges of corruption made by a whistle blower. The court also asked the whistle blower to make his representation before a disciplinary committee which had passed an order against him ex parte.

The direction was given by Justice Suresh Kumar Kait in a petition filed by one Rajeev Agarwal seeking the quashing of the Inquiry Committee's report and the chargesheet against thepPetitioner and for directions to be issued for a CBI/CVC inquiry against the Respondent/Officer. It was submitted by the petitioner that he was made the victim for highlighting the corrupt practices prevailing in the Petronet LNG Limited.

The petitioner submitted that since he's a whistleblower against the corruption and has made various financial corruption charges against the Petronet CEO, he being in the commanding position, victimized the petitioner without any rhyme and reason so that the petitioner be kept silent against the corruption. He also relied on the judgmental in State of Punjab vs. V.K. Khanna & Ors: AIR 2001 SC 343 which had held that when administrative actions are coloured with bias and malice, the courts are within their jurisdiction to quash the charge sheets.

The petitioner had also challenged the validity of the disciplinary proceedings on the ground of violating the principles of natural justice as he was not given a proper opportunity of being heard.

While persuing the facts of the case, the court had observed that the petitioner had not filed a reply to the notices served to him for making his representation before he disciplinary proceedings, hence, leading to the order being passed ex parte. Therefore, the court denied to declare the Inquiry report to be void or the disciplinary proceedings to be invalid or unconstitutional. Instead, it ordered the petitioner to make his representation before the disciplinary committee within three weeks which would then be considered by the disciplinary committee.

The court, however, did direct the Central Vigilance Commission to inquire into the allegations made by the petitioner against Petronet CEO.

"before parting with this judgment, it is the duty of the court that if any information regarding corrupt practices of any official including respondent no.6 is on record, then this court cannot lay hand.

Accordingly, Chief Vigilance Commissioner is directed to inquire into the allegations made by the petitioner against respondent no.6, mentioned in para 7 above, and take action as per law." , ordered the Court.

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