Special Judge Hemani Malhotra has summoned the DCW chief on February 6, the next date of hearing
Taking cognizance of a chargesheet filed by the Anti-Corruption Bureau (ACB), which has alleged that Delhi Commission for Women (DCW) Chief Swati Maliwal was involved in the irregularities regarding appointment of staffers on the panel, a district court has summoned Maliwal.
Special Judge Hemani Malhotra has summoned the DCW chief on February 6, the next date of hearing.
"After meticulously examining the material placed before this court, which includes the FIR, statements of witnesses, and documents, I am of the opinion that there is sufficient material and evidence to take cognizance of offences under Sections 13(1)(d) and 13(2) of the Prevention of Corruption (PC) Act," the court said.
The ACB has charged Maliwal under Sections 13(1)(d) (by corrupt or illegal means, obtains any pecuniary advantage) and 13(2) (public servant who commits criminal misconduct) of the PC Act.
Prosecutor Atul Kumar Shrivastava submitted that after investigation, it was revealed that Maliwal hiked the remuneration in a whimsical manner and granted undue pecuniary benefits to her close associates and those of the ruling Aam Aadmi Party (AAP).
According to the prosecution, it was further revealed that Maliwal, in connivance with others, abused her official position and deliberately ignored the procedure laid down with respect to general finance rules. Other rules for employing associates and party workers beyond the authorised sanctioned strength of 26 posts were also allegedly flouted, causing loss to the public exchequer.
The investigation also reflected that appointments were made without inviting any applications by way of publication or constituting a selection board.
Maliwal, however, has denied all charges, claiming that action was being taken to put pressure on her to not investigate cases against leaders of a political party.
Meanwhile, the court also said that from the material placed on record, it appeared that the investigation did not identify Maliwal's associates. "It would be, therefore, in the interest of justice that the investigating officer (IO) be directed to investigate the matter further and identify the associates of Maliwal, who had connived with her, and file the chargesheet," the court said.
Based on a complaint filed by Maliwal's predecessor Barkha Singh Shukla of the Congress, the ACB had registered an FIR under the PC Act as well as under Sections 120B (criminal conspiracy) and 409 (criminal breach of trust by a public servant) of the Indian Penal Code (IPC).
In her complaint, Shukla had alleged that AAP workers were appointed in the DCW to fetch them financial gains. In all, the ACB is investigating 85 appointments.
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