The Andhra Pradesh High Court, which was recently hearing a bunch of PILs seeking release of funds to various Gram Panchayats, has said that there is no explanation as to what unforeseen and unavoidable administrative work had blocked the release of funds while considering an application to dispense with the Principal Secretary, Finance Department’s appearance in court in response to the PILs.
In the hearing of the PILs on August 4, State’s counsel C. Sumon told the Division Bench of Chief Justice Arup Kumar Goswami and Justice Ninala Jayasurya that Rs 413 crore have been released to various Gram Panchayats as on July 31, 2021, for works worth below Rs 5 lakh.
On July 15, the High Court had ordered that all cases related to the issue will be listed on August 4 and if the payments are not made then the Principal Secretary, Department of Panchayati Raj & Rural Development, the Principal Secretary, Department of Finance, and the Commissioner, Department of Panchayati Raj & Rural Development shall remain present before the court on August 4.
Pursuant to the order, Gopal Krishna Dwivedi, Principal Secretary, Panchayati Raj & Rural Development Department, and M. Girija Shankar, Commissioner, Panchayat Raj & Rural Development, were present in Court on the said date. The Principal Secretary to Government, Finance Department, was not present and he has filed an application, in one of the PIL, praying for dispensing with his presence .
The High Court held that the officers were directed to be present if the payments have not been made. The presence of two officers and the application of the Principal Finance Secretary to dispense with his presence itself demonstrates that all payments have not been made.
On a query of the Court as to what is the report of the Vigilance, the officers present are unable to apprise the Court. It appears that they are not well prepared, said the Court
The Bench observed that the prayer for dispensing with the presence of the Principal Secretary, Finance Department, is made on the ground “due to unforeseen and unavoidable administrative work with the Government of India”. There is no explanation as to what that unforeseen and unavoidable administrative work.
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“For good grounds, certainly the Court will consider dispensing with personal appearance. The reason assigned cannot be considered as a valid ground for dispensing with personal appearance. It appears that the officer has taken it for granted that prayer for dispensation of personal appearance will be routinely allowed,” the High Court Remarked.
Though the Court is unhappy with the way the application is filed, by way of indulgence, it allowed the prayer for dispensing with the appearance of the Principal Secretary, Finance Department, for Wednesday. However, he is directed to be present before the High Court on the next date on August 18 at 10.30 a.m.