Delhi High Court seeks CCI response to plea by deputy director challenging disciplinary probe

The Delhi High Court recently asked the Competition Commission of India (CCI) to file a response to a plea filed by its deputy director of law challenging a disciplinary inquiry against him [Vijay Bishnoi v. CCI].

The case came up for hearing before Justice Jyoti Singh, who refused to grant any interim order in the petitioner's favour. CCI has been directed to file a response to the plea in three weeks.

Senior Advocate Nidhesh Gupta, who appeared for the petitioner, argued that the case pertained to a disciplinary inquiry over alleged manipulation of evidence. He told the Court that the disciplinary authority was proceeding with the inquiry without giving him the requisite documents to file a response. He thus sought interim relief from the Court.

Senior Advocate Aman Lekhi, who appeared for the CCI, objected to the maintainability of the plea. Lekhi contended that the plea was hit by the principal of constructive res judicata as the petitioner had raised a similar plea in an earlier round of litigation pertaining to the same inquiry.

Justice Singh noted that the contentions raised by the petitioner would require some consideration.

The petitioner had moved the High Court earlier this year to quash and set aside entire disciplinary proceedings initiated against him. He, however, chose to withdraw the plea on July 26, with liberty to approach the disciplinary authority.

The order of the High Court said,

"Present petition is dismissed as withdrawn with liberty to the Petitioner to take all objections and contentions raised in the present petition at the appropriate stage during the inquiry proceedings, making it clear that this Court has neither entered into nor expressed any opinion on the merits of the case."

Gupta argued that since the disciplinary authority did not supply his client documents he requested, he moved the High Court.

Advocates Sanjiv Kumar Saxena, Ramneer Mishra, Manu Abhishek and Bikram Dwivedi also appeared for the petitioner.

Advocates Ankur Chhibber, Shlok Chandra and Sankalp assisted Lekhi for CCI.

[Read order]