'My Secretaries Don't Listen To Me', Says Delhi Govt; Supreme Court Issues Notice To Delhi Finance Secretary On GNCTD Plea Over DJB Funds

The Supreme Court on Monday (April 1) issued notice to the Delhi Finance Secretary on a petition filed by the Government of National Capital Territory of Delhi (GNCTD) seeking the release of the funds approved by the Delhi Assembly for the Delhi Jal Board.

The Delhi Government told the Court that an amount of Rs 1927 crore payable to the Delhi Jal Board as approved by the Delhi Assembly, for the financial year 2023-24, has not been released.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra said that the response of the Finance Secretary will be sought. The matter will be heard next on Friday.

Senior Advocate Mukul Rohatgi, appearing for the Delhi Lieutenant Governor, submitted that the LG has nothing to do with the allocation of funds to the DJB, which is a statutory body. Rohatgi submitted that the funds are to be released by the Finance Department which is under the Delhi Government itself.

"Jal Board is a statutory authority. LG has nothing to do with it. He has no role to play. It is very strange. Petitioner is the GNCTD through the Minister of Water, who is also the Minister of Planning, also the Chairperson of the Jal Board. She holds all these posts and Finance. The real respondent is her own Secretary. I don't know what kind of petition is this," Rohatgi submitted. He also pointed out that the 2023-24 Financial Year came to an end last year.

Senior Advocate Dr Abhishek Manu Singhvi and Advocate Shadan Farasat, appearing for the GNCTD, submitted that the Secretaries were not listening to the Government after the Parliament passed a law last year diluting the Government's control over civil servants and making them subject to the LG's authority. They also informed the bench that after the writ petition 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. 

When Rohatgi said that a similar petition was filed in the High Court in which orders were passed, Farasat said that the High Court had asked the then Additional Solicitor General Sanjay Jain to sit with the officials to sort out the matter. "The officials did not even attend the meeting which was scheduled by Mr.Sanjay Jain," he 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, he submitted.

What is the difficulty in releasing these funds, CJI asked Rohatgi. Rohatgi reiterated that the LG was not holding any funds and the same has to be released by the Finance Department of the GNCTD.

"My civil servants don't listen to me," Farasat stated. When Rohatgi questioned the maintainability of the writ petition by the Government under Article 32, Singhvi stated, "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 also stated. "If your secretaries don't listen to you, what should I do?," Rohatgi retorted. "Then don't come and oppose," Singhvi replied.

Farasat submitted that the reason for making LG a respondent was that after the amendment passed to the GNCTD Act last year, the LG is the controlling authority of services.

"Given the insubordination of the financial department, I wrote multiple letters to the LG, but nothing was done," Farasat stated. "They listen only to the LG," Singhvi added.

"We will ask the Finance Secretary..," CJI said while adding that the LG can be deleted from the array of respondents.

In the order, the bench noted the GNCTD statement that a total of Rs 4578.15 crores has been received by the DJB for FY 23-24, inclusive of an amount of Rs 760 crores received on March 31, 2024, and that an amount of Rs 1927 crores was outstanding.

Case : Government of National Capital Territory of Delhi v. Office of LG of Delhi W.P.(C) No. 197/2024

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