UT depts lack coordination: HC

Saurabh Malik

Tribune News Service

Chandigarh, October 20

In a major embarrassment for the Chandigarh Administration, the Punjab and Haryana High Court has categorically asserted that there is apparently a lack of coordination within UT departments. Justice Rajan Gupta also directed the Finance Secretary to remain present in the court for rendering assistance and explaining his stand in a contempt case involving the auction of a resumed site.

The developments took place on the contempt petition filed by Tourism Finance Corporation of India Ltd against Ajit Balaji Joshi. The petitioner was alleging violation of an order dated April 6, 2015.

In the order, the Bench had ruled that the site in question stood resumed. The default in payment, too, had duly been admitted. Since the site stood resumed, the financial institutions — Tourism Finance Corporation of India Ltd and Punjab National Bank — could not be permitted to auction the site at their own as requested by them.

Therefore, the Estate Office was directed to auction the site and publish an advertisement within 15 days giving 30 days’ time for the date of auction. “Further, if in the intervening period Joy Hotel agrees to settle all dues of the Estate Office as well as of the financial institutions — Tourism Finance Corporation of India Ltd and Punjab National Bank — the court should be apprised of it in writing,” the order stated.

The court, on the previous date of hearing, had directed the personal appearance of the UT Estate Officer. He had, in turn, sought permission to place on record an affidavit dated August 9. The stand taken was that the process for auctioning the site had been initiated. However, the reserve price was yet to be fixed. The matter was referred to Finance Department vide a letter dated May 12. It was followed by a letter dated September 1. The Bench was told that the Estate Office was unable to proceed further as no response had been received from the Finance Department.

Taking a note of the assertion, Justice Gupta said: “This court is not convinced with the explanation given. It is evident that the order was passed way back in April 2015. The letters in question were addressed to the Finance Department only after this court took cognisance of the matter.

“From the order dated April  6, 2015, it appears that there is loss of revenue to the Union  Territory as well. However, the approach of the authority concerned appears to be casual in nature and there also appears to be a lack of coordination within various departments of the Union  Territory. In view of the stand taken in the affidavit by the Estate Officer as regards inaction on the part of the Finance Department, it is directed that Finance Secretary, UT, shall remain present in the court…”.