HC pulls up govt for 'sleeping' over 4th Finance Commission report

Says 'not convinced' by the explanation of Delhi govt in its short affidavit for not implementing till date, the recommendations of the 4th Finance Commission

Delhi High Court today pulled up the city government for "sleeping over" the implementation of recommendations of the 4th Finance Commission and setting up the 5th such panel, saying it had failed to comply with the constitutional mandate.

A bench of Chief Justice G Rohini and Justice Jayant Nath directed the city government to file a comprehensive affidavit on the issues of setting up the new commission as well as the steps taken for releasing funds to the three municipal corporations.

It also made it clear that failure to file the affidavit by July 9, the next date of hearing, would necessitate the presence of the secretary of the concerned department in person in the court.

The court said it was "not convinced" by the explanation of Delhi government in its short affidavit for not implementing till date, the recommendations of the 4th Finance Commission whose report was submitted in 2013.

The court said the 4th panel's report was received in 2013 and till a PIL was filed on the issue in 2015, the government "slept on it".

"You did not even move a little finger," it said.

The city government, represented by senior advocate Sanjay Poddar, told the court that the issue of payment of salary of employees of the municipal corporations was solved by a vacation bench of the high court, which had said that the civic bodies would inform in advance whenever there was fund shortage.

The court asked why the details of the funds were not mentioned in its latest affidavit and directed Delhi government to file a comprehensive one.

It also said the government cannot wait for acceptance or implementation of the 4th commission's findings before constituting the fifth one. The setting up of the 5th commission has to be done "independently" and every five years, it observed.