High Court Questions Chandigarh’s Outsourcing of Municipal Services, Seeks Legal Justification

Chandigarh (Naval Kishore)— The Punjab and Haryana High Court has raised serious concerns over the Chandigarh Administration’s decision to outsource essential municipal duties such as sanitation and repair work. The court questioned whether such core responsibilities could legally be handed over to private agencies instead of being carried out by employees under direct government supervision.

The observation came during the hearing of a suo motu case initiated after The Tribune reported on unhygienic conditions and encroachments at the Sector 26 mandi. Chief Justice Sheel Nagu, heading the Bench alongside Justice Sanjiv Berry, remarked, “Can you outsource a basic municipal service? Is it permitted under the Act? Foundational municipal functions must be performed by your own staff so that there is control and accountability.”

Responding to the court, UT senior standing counsel Amit Jhanji stated that sanitation and supervision duties in the mandi were being managed by a sanitary inspector hired through an outsourced agency. He added that the market committee had issued multiple warnings and show-cause notices to the agency between February and July 2025 for failing to maintain cleanliness.

When pressed by the Chief Justice on whether such vital functions could be legally delegated, Jhanji admitted, “Your Lordship is correct. I have not examined the rules in detail, but I will check. If necessary, we will fill the posts through regular means.”

The Chief Justice further noted that despite repeated undertakings, photographs presented in court showed little improvement in sanitation, observing that garbage was still visible across the market area. Jhanji explained that the cleaning process began at 9 a.m., and the images might have been taken just before operations commenced.

Expressing concern over the lack of direct administrative and disciplinary control over outsourced staff, the court said such arrangements weaken accountability and governance. It also took note of penalties imposed on the private contractor handling sanitation and repair duties.

The Bench has directed the UT Administration and the marketing committee to clarify the legal provisions that permit outsourcing of essential municipal services like sanitation, cleanliness, and maintenance work. The case will come up for further hearing in four weeks.