MR. ANURAG RASTOGI PRINICIPAL SECRETARY, IRRIGATION, GOVERNMENT OF HARYANA AND ORS. V. COMPETITION COMMISSION OF INDIA AND ANR.

W.P.(C)/5308/2019

AI Insights

The case involves Mr. Anurag Rastogi, Principal Secretary of Irrigation, Government of Haryana, and others, who filed a writ petition against the Competition Commission of India (CCI) and another respondent. The petitioners sought to quash orders requiring them to furnish income details for the financial years 2015-16, 2016-17, and 2017-18, and to restrain the CCI from investigating their conduct under the Competition Act until a final order under Section 27 of the Act was passed. The court referenced a previous decision (Cadila Healthcare Limited vs CCI) which supported the ongoing investigation but noted that no coercive steps should be taken against the officials until the Supreme Court decided on their Special Leave Petition. The court allowed the CCI to continue its investigation but reserved the petitioners' rights to challenge any adverse final order.

• Counselvise Citation: [2019] 140 COUNSELVISE.COM (IT) 726324 (HC-DELHI)
• Appeal Type: Others
• Pronouncement Date: 15-05-2019
• Assessment Year: misc
• Other Referred Cases: Cadila Healthcare Limited and Anr vs Competition Commission Of India and Ors.: LPA 160/2018
• Laws Referred To: Competition Act, 2002
• Result in Favour of: Partly Allowed
• Court: HIGH COURT
• Department Lawyers: RAJDIPA BEHURA; PHILP MONKANI; HANSIKA SAHU; KRITIHANDA; DAMINI K
• Assessee Lawyers: VAIBHAV GAGGAR; NITISH SHARMA; AAYUSHI SHARMA
• Keywords: Abuse of dominance; Income Tax Returns; Investigation; Public servant; Quashing of orders; Transparency; Writ of Certiorari
• Section: 48; 27

Judgement Text

"$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 5308/2019 MR. ANURAG RASTOGI PRINICIPAL SECRETARY, IRRIGATION, GOVERNMENT OF HARYANA AND ORS. ..... Petitioners Through: Mr Vaibhav Gaggar, Mr Nitish Sharma and Ms Aayushi Sharma, Advocates. versus COMPETITION COMMISSION OF INDIA AND ANR. ..... Respondents Through: Ms Rajdipa Behura, Mr Philp Monkani, Ms Hansika Sahu, Ms Kriti Handa and Ms Damini K., Advocates for CCI. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R % 15.05.2019 CM No.23465/2019 1. Allowed, subject to all just exceptions. W.P.(C) 5308/2019 & CM No.23464/2019 2. The petitioners have filed the present petition, inter alia, praying as under:- “i. Issue a writ of certiorari or any other appropriate writ, order or direction in the nature thereof, striking down and quashing the impugned orders dated 13 February 2019 and 02.02.2019 issued by the Respondent No. 1, to the extent the said orders direct the Petitioners to furnish income details including their income tax returns respectively for the financial years 2015-16, 2016-17 and 2017-18; ii. Issue a writ of Certiorari and Prohibition or any other appropriate writ, order or direction in the nature thereof, restraining Respondent No. 1 from investigating the conduct of or role of or proceeding against the Petitioners under the provisions of the Competition Act, pending a finding under section 27 of the Competition Act. iii. Issue any other appropriate writ, order or directions as the nature and circumstances of the present case may require.” 3. The petitioners are erstwhile officers of Department of Town and Country Planning, Government of Haryana. The impugned order dated 13.02.2019 was passed by respondent no. 1 in proceedings commenced on information provided by Confederation of Real Estate Developers Association of India – NCR, alleging abuse of dominance on the part of the Department of Town and Country Planning, Government of Haryana and Haryana Urban Development Authority. It is the petitioner’s case that since a final order under Section 27 of the Competition Act, 2002 has not been passed, no proceedings against the officials under Section 48 of the said Act, can be instituted. 4. Concededly, the said issue is covered by the decision of the Division Bench of this Court in Cadila Healthcare Limited and Anr vs Competition Commission Of India and Ors.: LPA 160/2018 decided on 12.09.2018. Mr Gaggar, learned counsel appearing for the petitioner states that a Special Leave Petition has been filed against the said decision – S.L.P. (C) 30641/2018 captioned ‘Cadila Healthcare Limited and Anr. v. Competition Commission of India and Ors.’ – and the Supreme Court has passed an interim order directing that no coercive steps be taken against the concerned officers. He further states that other petitions are also pending before the Supreme Court involving the said issue. 5. Admittedly, no stay has been granted against the decision of the Division Bench of this Court. Furthermore, this Court does not consider it apposite to stay the investigation regarding the role of the petitioners as all remedies against the final order – should the same be passed against the petitioner – would be available to the petitioners. 6. This Court is also of the view that no serious prejudice is caused to the petitioners by the order directing them to submit their income tax returns. The petitioner being a public servant, in any event, is required to maintain transparency regarding their financial affairs. 7. Mr Gaggar, learned counsel appearing for the petitioner states that the CCI, in other matters, has taken a view that proceedings under Section 48 of the Competition Act, 2002 are not required to be taken against public servants. This Court has certain reservations regarding the said proposition. However, it is not necessary to examine the same in this petition as it is open for the petitioners to advance the said contention before the CCI. 8. In view of the above, the present petition is disposed of. However, it is clarified that all the rights and contentions of the petitioners are reserved. In the event a final order adverse to the petitioners is passed by the CCI, the petitioners are at liberty to avail of appropriate remedies (including under Article 226 of the Constitution of India, if otherwise maintainable), as available in law. 9. The pending application also stands disposed of. VIBHU BAKHRU, J MAY 15, 2019/MK "