Spending on advt: FSL director slapped show-cause notice; Punjab govt seeks HC order recall
Application in HC says the official is not competent authority to make statements on budget restrains, lack of funds
The officer whose statement about fund crunch coming in way of upgrade of forensic labs prompted the Punjab and Haryana high court to seek details of government spending on advertisements has been issued a show-cause notice by the Punjab government.
Home secretary Gurkirat Kirpal Singh has also filed an application before the high court pleading that the January 21 order seeking advertisement spending details be recalled/modified.
On January 21, the high court had asked the chief secretary to furnish a detail of expenses met out between April 1, 2024, to January 20, 2025, on the publication of the advertisements on the performance and achievements of the government and the new vehicles purchased for the police officials. Details were sought during proceedings of a bail matter in which it had come to light that forensic report about the CCTV footage is pending and is to be procured from Central Forensic Laboratory, Chandigarh, as no forensic lab in Punjab has infrastructure to examine the veracity of CCTV footage or clips.
During the proceedings on January 21, the officer, director, Forensic Science Laboratory (FSL), Punjab, Dr Ashwani Kalia had told court that the process of procurement of cyber forensic tools (for forensic image and video analysis and for video authentication) required for video forensics is under progress for establishment of new cyber forensic division in the FSL at Mohali. However, the process for the other three labs — Bathinda, Amritsar and Ludhiana — could not be initiated for lack of funds/budget allocation.
This had prompted the court to pass adverse remarks and directions to the chief secretary to supply details on government spending on advertisements.
According to the application moved by the home secretary, it appears that Kalia was not aware of the “actual situation”. “It is most humbly submitted before the court that Dr Ashwani Kalia is not the appropriate/ competent authority to make such a statement with regard to budget restrains and lack of funds/ budget allocation as he being only the departmental head, has no authority over the budget allocation which is done by the government,” the affidavit claims.
The affidavit further maintains that there is no shortage of funds for the FSL labs and the budget allocation details from previous three financial years reveal that budget allotted to the FSL was much beyond the expenditure incurred and that it always remained surplus with the director of FSL.
The affidavit also quotes instances in previous proceedings in public interest litigations, where the state’s steps for modernization and upgrade of the FSL infrastructure was praised by the courts.
According to the affidavit, Kalia has been issued a show-cause notice on January 26, seeking explanation for giving “wrong statement” in the court about funds and budget allocation. He has been asked to explain the reasons for not utilising the funds allotted for the upgrade and modernisation of equipment in labs. As per the government claims, the director has ₹16 crore unutilised funds with him, which were meant for purchase of equipment.
“The state government cannot shy away from the responsibility of the conduct of its officials, where in the present case the director of forensic science laboratory failed to utilise the funds allocated for the upgradation and modernisation of equipment (in FLS labs),” the affidavit says, justifying why he was issued the show-cause notice.
It is to be recalled that a coordinate bench has also sought personal affidavit of the principal secretary, finance, Punjab, over failure to submit details of the government spending on advertisements and social welfare schemes; and also detail the reasons for the same.
On September 23, 2024, the bench had sought details of expenses for the period between December 2021 and September 2024. Personal affidavit was sought as the court found that despite the lapse of five months, the order has not been complied with. These proceedings are about pending bills of private hospitals under the Ayushman Bharat Scheme.
