HC declines to stay Lokayukta order for FIR against MCD councillor over old age stipends

The Delhi High Court has declined to stay the Lokayukta order for registering an FIR against a councillor of the North Delhi Municipal Corporation NrDMC for alleged pecuniary loss caused to exchequer over to disbursal of old age stipends under a 2018 scheme.Justice Prathiba M Singh also did not put on hold any investigation or trial in connection with the FIR which was ordered to be lodged by the Lokayukta in January last year.The interim prayer for stay of the FIR and the trial and investigation is rejected considering the nature of the allegations.

The Delhi High Court has declined to stay the Lokayukta order for registering an FIR against a councillor of the North Delhi Municipal Corporation (NrDMC) for alleged pecuniary loss caused to exchequer over to disbursal of old age stipends under a 2018 scheme.

Justice Prathiba M Singh also did not put on hold any investigation or trial in connection with the FIR which was ordered to be lodged by the Lokayukta in January last year.

''The interim prayer for stay of the FIR and the trial and investigation is rejected considering the nature of the allegations. However, if any steps are taken for recovery of the pecuniary (loss), at that stage, the petitioner (councillor) is permitted to approach the court,'' the judge said in the order of March 24.

It further said that if any such application is filed by the petitioner, the court shall consider whether any interim protection is to be granted and on what terms and conditions. The court also issued notice to the office of the Lt Governor and the Delhi government seeking their stand on the plea by the councillor -- Bhoomi Chatter Singh Rachhoya -- and listed the matter for hearing on August 31.

The order came on the councillor's plea challenging the Lokayukta's order on the ground that he was not the sanctioning authority for old age stipends as per the rules and guidelines governing the scheme of 2018.

Apart from lodging of an FIR, the Lokayukta had also directed the Commissioner, NrDMC to recover from the councillor the alleged pecuniary loss.

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