Mumbai: The Bombay High Court on Monday instructed the Brihanmumbai Municipal Corporation (BMC) to exercise thorough deliberation before sanctioning any prosecutorial actions against its employees implicated in the oxygen cylinder scam during the Covid-19 pandemic. The directive came while the court was hearing a petition filed by the Municipal Engineers Association and the Municipal Mazdoor Union, representing certain BMC employees.
The plea, brought forward by advocate Harshvardhan Suryavanshi, called for a departmental enquiry by the BMC before allowing the Economic Offence Wing (EOW) of the Mumbai police to take action against the accused employees. The EOW is investigating allegations that permissions were unlawfully granted to an ineligible company for establishing oxygen cylinder plants across various hospitals and Covid centres in the city.
During the hearing, a bench comprising Justices Revati Mohite-Dere and Shyam Chandak addressed the BMC’s role in the matter, questioning whether due process had been followed and emphasising the need for an impartial evaluation. The court’s directive came in response to concerns that senior BMC officials might have been involved in the decision-making process, thus necessitating a broader investigation.
Advocate Anil Anturkar, representing the petitioners, argued that the actions of the BMC employees were conducted in good faith under the extreme pressures of the pandemic. He requested that before any sanctions are imposed, the employees should be given an opportunity to present their case, if not through oral hearings, then at least via written correspondence.
However, the bench deemed this request impractical, suggesting that it could set a problematic precedent. The bench reiterated the necessity for the BMC to demonstrate that its decisions were made with due consideration of all relevant factors, including the possibility that actions were taken in good faith.
Joel Carlos, representing the BMC, clarified that the FIR was not filed at the BMC’s behest. He stated that the Corporation had received the EOW’s request for sanction to prosecute BMC officials in April. Carlos assured the court that the BMC would respond to the EOW after a considered review of the situation.
Additional Public Prosecutor Prajakta Shinde, representing the EOW, maintained that there was sufficient involvement of BMC employees in the case to warrant prosecution. The court has adjourned the hearing to July 8, with an assurance from the prosecution that no coercive steps will be taken against BMC employees until then.
This case highlights the critical need for rigorous oversight and transparent decision-making processes within public institutions, especially in crisis scenarios. The Ridge, also known as Delhi’s lungs, holds immense ecological significance, covering 35 kilometres and serving as a habitat for various species of flora and fauna.
The court’s insistence on careful deliberation underscores the importance of balancing accountability with fairness in administrative actions, particularly in high-stakes situations like the Covid-19 pandemic.
