New Delhi : The Supreme Court on Monday sought response from Delhi’s Principal Secretary (Finance) on a plea filed by Delhi government claiming that the official was not releasing funds meant for the Delhi Jal Board (DJB). The Delhi Lieutenant Governor, who has been made a respondent in the matter, told the apex court that he has nothing to do with the release of funds for the DJB and the funds are to be released by the Finance Department, which is under the Delhi government.
Senior advocate Mukul Rohatgi, representing the Delhi Lieutenant Governor, submitted before a three-judge bench led by Chief Justice of India D Y Chandrachud that his client has nothing to do with the allocation of funds to the DJB, which is a statutory body.
Rohatgi, insisting on deletion of LG from list of respondents in the matter, vehemently argued that the funds are to be released by the Finance Department, which is under the Delhi government. He contended that the real respondent in the matter is Delhi government minister's own secretary and “I don't know what kind of petition is this", and further added that the financial year 2023-24, hasas also come to an end.
Senior advocate A M Singhvi and advocate Shadan Farasat represented the Delhi government. The Delhi government counsel argued that the secretaries were not listening to the government after the Parliament passed a law last year diluting its control over civil servants and making them subject to the LG's authority.
The apex court was also informed that after the plea was filed, the finance secretary released Rs 760 crores on March 31, which was utilised on the same day itself to clear the pending bills. Farasat said as on the end of March 31, an amount of Rs 1927 crores, approved by the assembly, still remains to be remitted to the DJB.
The bench, also comprising justices J B Pardiwala and Manoj Misra, asked Rohatgi, what is the difficulty in releasing the funds. Rohatgi replied that funds have to be released by the finance department of the government and the LG is not holding any funds. Rohatgi said if the Delhi government secretaries do not listen to the government, then what could LG do.
Elaborating on the reason to make LG respondent, Farasat said after the amendment passed to the GNCTD Act last year, the LG is the controlling authority of services and added that the officers only listen to the LG.
After hearing submissions, the apex court did not issue notice to the office of Delhi LG and scheduled the matter for further hearing on April 5.
On March 20, the Delhi government had requested the Supreme Court to grant urgent hearing on its petition seeking release of Rs 3,000 crore funds meant for the Delhi Jal Board (DJB).
Senior advocate A M Singhvi, representing the Delhi government, had contended that the matter needs urgent hearing as the funds meant for the Delhi Jal Board will lapse on March 31.
“I have passed the budget. I have passed the legislation. The minister is directed yet the Delhi Jal Board funds are not being released. On March 31, it will lapse. Rs 3,000 crore will lapse on March 31….. Your lordship may put it on Friday, because the problem is that Rs 3,000 will lapse”, said Singhvi.
The apex court had assured the AAP government that it can always order release of Rs 3,000 crore funds meant for the Delhi Jal Board even after they lapse on March 31.
The CJI had said: “If we list on April 1, we can always direct a reversal. It is only a financial entry for us. Anything which happens between now and the hearing, we can….”.
The AAP government had moved the court seeking release of funds meant for the Delhi Jal Board. The Delhi government contended that the budget was duly passed and yet the funds meant for the DJB was not being released.
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