The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to “apply its mind” before passing any order on the request made by the Economic Offence Wing (EOW) of Mumbai police seeking sanction to prosecute some of its employees in the Oxygen cylinder scam during the Covid pandemic.
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MUMBAI: The Bombay High Court on Monday directed the Brihanmumbai Municipal Corporation (BMC) to “apply its mind” before passing any order on the request made by the Economic Offence Wing (EOW) of Mumbai police seeking sanction to prosecute some of its employees involved in the Oxygen cylinder scam during the Covid pandemic.
The bench of Justices Revati Mohite-Dere and Shyam Chandak was hearing a plea filed by the BMC’s Municipal Engineers Association and the Municipal Mazdoor Union on behalf of certain employees of the civic body. The plea, represented by advocate Harshvardhan Suryavanshi, prayed that unless a departmental inquiry is held by the BMC, the police should not be permitted to take any action against the employees.
The EOW initiated an investigation into a case where permissions were allegedly granted to an ineligible company for setting up oxygen cylinder plants across various hospitals and Covid jumbo centers during the pandemic. The case involves a company that set up the plants during the tenure of the Uddhav Thackeray-led government in Maharashtra and some civic officials accused of overlooking mandatory norms.
The petition highlighted the acute shortage of oxygen cylinders at the time, which led to expedited permissions for setting up 59 plants within Mumbai Municipal limits. The plea argued that the municipal officials being charged were only responsible for submitting the proposals, while senior BMC officials were responsible for approving them. It stated,
“Only isolating the members of the Petitioners’ Union and initiating the proceedings against them is completely unrealistic and arbitrary.”
Following the initiation of the investigation, the EOW wrote to the BMC seeking sanction to prosecute the officials. On Monday, advocate Anil Anturkar, appearing for the petitioners, pointed out that the employees acted in good faith, which should be considered. He requested that the employees be heard before the BMC passes any order, either orally or through correspondence.
However, the bench deemed this request “too far-fetched,” adding that it would set a wrong precedent. Advocate Joel Carlos, representing the BMC, clarified that the FIR was not registered at BMC’s insistence and that the Corporation received the request from the EOW around the second week of April.
The bench inquired if any inquiry was conducted before the sanction was granted. Carlos explained that departmental inquiries have a different meaning under the Municipal Act and that the Corporation cannot take sides.
The bench emphasized the need for the civic body to decide in accordance with the law after thorough consideration.
“You have to decide in accordance with law after application of mind. How do you intend to process it? You will have to see if the action was in good faith,”
-said the bench.
Carlos affirmed that they would reply to the police as per the instructions given by the authorities. Additional Public Prosecutor Prajakta Shinde, appearing for the EOW, submitted,
“Their (BMC employees) involvement is there and that is why sanction is sought.”
The court adjourned the hearing of the plea to July 8, with an oral submission from the prosecution that no coercive steps would be taken against BMC employees until then.
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