The Supreme Court on Monday issued notice to the Delhi Finance Secretary on a petition filed by the Delhi government seeking the release of the funds approved by the Delhi Assembly for the Delhi Jal Board. The AAP government told the top court that its civil servants are not listening to it since the Centre passed the GNCTD Act.
A bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra asked the finance secretary of Delhi to file response by next Friday.
The Delhi Government told the top court that an amount of Rs 1927 crore approved by the Delhi Assembly, for the financial year 2023-24, has not been released to the to the Delhi Jal Board. According to Delhi government, Rs 4578.15 crores have been recieved by the DJB for FY 23-24, and an amount of Rs 1927 crores was outstanding.
Senior Advocate Mukul Rohatgi appeared for Delhi LG and said that LG office has nothing to do with the release of funds and and the funds are to be released by the Finance Department which is under the Delhi Government itself.
Senior Advocate Abhishek Manu Singhvi and Advocate Shadan Farasat, appeared for the Delhi government and told the top court that Secretaries are not listening to the Delhi Government after the Centre passed a law that diluted the Delhi government's control over civil servants.
The Delhi government also told the apex court that after the writ petition was filed, the Finance Secretary released Rs 760 crores on March 31, which were used on the same day itself.
The CJI asked Senior Advocate Mukul Rohatgi: "What is the difficulty in releasing these funds?"
Rohatgi however maintained that the LG was not withholding any funds and the same has to be released by the Finance Department of the Delhi government. He further questioned the maintainabilty of the plea.
To this, Singhvi responded: "Mr Rohatgi appears and says he has nothing to do with the matter, then asks the petition to be dismissed."
"My Secretaries don't listen to me," Singhvi further told the court.
To this Rohatgi replied: "If your secretaries don't listen to you, what should I do?"
The counsel appearing for the AAP government told the court that the reason for making LG a respondent was that after the GNCTD Act was amnded, LG is controlling the services. He further told, that the AAP govt has wrote several letters to the LG over the "insubordination of the financial department."
The court however, deleted the Delhi LG from respondents in the case and issued notice to the finance secretary.