Delhi assembly has right to seek info from govt depts, officials: Panel

On Tuesday (July 5), Delhi assembly deputy speaker Rakhi Birla, during the last day of the two-day monsoon session, constituted a panel to find out since when the services department of the Delhi government has not been responding to the queries raised by the legislators in the House.

A Delhi assembly panel has recommended the Delhi government to take action against the administrative secretary in case the services department defaults in replying to queries raised by the members of the House, according to the panel’s report, which HT has seen.

File image of Delhi assembly.

On Tuesday (July 5), Delhi assembly deputy speaker Rakhi Birla, during the last day of the two-day monsoon session, constituted a panel to find out since when the services department of the Delhi government has not been responding to the queries raised by the legislators in the House.

In Delhi, the services department, which manages the bureaucrats, reports to the Lieutenant Governor (LG) and not the elected government. In May, a three-judge bench, headed by Chief Justice of India (CJI) NV Ramana, referred the dispute between the Centre and Delhi government over control of administrative services in the Capital to a five-judge Constitution bench.

The report was submitted to Birla by Friday.

According to the report, since 2018, the replies of at least 27 questions have not been furnished to the sixth and seventh legislative assembly. The panel observed that the “non-responsiveness” of the department is seen as “an unconstitutional act and an act against public interest”.

Chaired by AAP MLA Rajesh Gupta, the three-member panel recommended that the Delhi government take appropriate steps to ensure that the replies to the questions raised by the members in the assembly are duly answered by the department concerned. The two members of the panel include MLAs Atishi and Somnath Bharti.

“The committee recommends that in cases of non-receipt of replies the concerned Administrative Secretary/Head of Department shall be personally held liable and responsible and proceeded against as the House deems fit,” the report stated.

The members noted that since the budget and expenditure of the departments is passed by the assembly, “it (the House) has every right to seek information on the functioning of these departments”.

The Delhi government and the LG office did not comment on the report.

Leader of the opposition in the Delhi assembly Ramvir Singh Bidhuri said the committee formed by Birla had only AAP MLAs. “Hence, the report is biased. The Delhi government itself lies in the House. I had asked a starred question in the House about the current percentage of commission that the government takes under the new excise policy. But they never responded to my query. The government’s ministers also lied to the House when I raised the issue of shutting down Ludlow Castle school by saying that it has merged two schools,” he said.

The panel said that because services are not under the control of the elected government in Delhi, a large number of vacancies continue in various state-run offices. “The committee views with distress that a large number of posts under different categories for example, teacher, doctors, pharmacists and so on are presently lying vacant thereby affecting the effective functioning of the elected government of Delhi and is also against public interest which is working day and night to improve the quality of life of the residents of Delhi,” it said.

“It is the basic right of the Assembly and its members to seek information on the functioning of any department which received money from the budget passed by Delhi legislative assembly. Whenever a matter became inconvenient for the authorities to furnish suitable replies to questions or clarification for non-furnishing of replies of questions to committees, they approached the courts. Astonishingly, no HODs/officers in any state of India are allowed to approach the courts against the legislature and that too at government expense,” the report said.