Audit rap for Chandigarh Administration over Rs 1.21 crore avoidable legal fee
Amit Sharma
Tribune News Service
Chandigarh, August 8
Terming it an avoidable expenditure, an audit report has raised questions over Rs 1.21 crore fee paid by the Government College of Art, Sector 10, and the Chandigarh College of Architecture, Sector 12, to a private lawyer for a special leave petition (SLP) filed before the Supreme Court, which was later withdrawn before a decision was made by the apex court.
Questions raised in report
- Why the SLP was filed in the SC and withdrawn before the court could make a decision.
- Whether responsibility was fixed by the administration for the wasteful expenditure of ~1.21 cr on legal fee
- Why a private counsel was hired
According to the report prepared by the Principal Director of Audit, during a review of the records of Government College of Art for the period 2017-2023, it was noticed that four faculty members of the college and one from the Chandigarh College of Architecture had filed an original application (OA) before the Central Administrative Tribunal (CAT), Chandigarh, in June 2020 regarding their retirement age. The tribunal dismissed the application in October 2020. The applicants then appealed to the Punjab and Haryana High Court, which ruled in their favour, deciding that their age of superannuation would be 65, with the provisions of five-year extension. Subsequently, the Chandigarh Administration filed an SLP against the High Court through a private senior advocate, and both colleges together paid a total of Rs 1.21 crore for nine court hearings held between August and December, 2021. A sum of Rs 13.50 lakh was paid per hearing.
On December 15, 2021, the department withdrew the SLP. The audit criticised the move, terming it ill-planned by the administration. Withdrawing the case before the Supreme Court could make a decision resulted in an avoidable expenditure of Rs 1.21 crore on legal fee, said the report.
The college did not have orders or reasons for the withdrawal of the SLP. The audit sought explanations regarding the reasons for filing and then withdrawing the SLP.
The audit report questioned whether responsibility had been fixed by the administration for the wasteful expenditure on legal fee and why a private counsel was hired instead of a government one. The college didn’t file any reply when the audit team pointed out this avoidable expenditure.
RK Garg, president, Second Innings Association, stated that it was a gross irregularity and required an investigation. “What is even more surprising is that the colleges paid such a hefty amount for legal expenses, while the administration should have born the expenses,” he added.
Rs 13.50 lakh paid for each hearing
The Chandigarh Administration filed an SLP in the SC against the HC order in favour of five faculty members in a retirement age case. A private advocate was hired to file the SLP and the Government College of Art along with the Chandigarh College of Architecture paid a total of ~1.21 crore for nine court hearings — ~13.50 lakh per hearing.
