Mumbai: The Bombay High Court on Friday came down heavily on the Maharashtra government and the Brihanmumbai Municipal Corporation (BMC) for doubting the 'genuineness' of the monetary claims made by the Bai Jerbai Wadia hospital for children and Nowrosjee Wadia maternity hospital.
The HC said when both the government and the BMC, being partners in running the hospitals, claim that there were rampant irregularities, then the two authorities can also be held for being partners in the crime, as neither of them objected to it.
A bench of Justices Satyaranjan Dharmadhikari and Riyaz Chagla also sought to know from the two authorities why it released crores of public money as funds for the hospitals despite having 'full knowledge' of the irregularities.
“You (BMC and government) both are partners and your representatives are there in the board of directors of these hospitals. Then, why did your officials not alarm you about the irregularities of which you are speaking now,” Justice Dharmadhikari said.
“And if you were aware of these alleged illegal activities, why did you even bother to provide crores of funds from public money? You had an option to withdraw from the partnership,” Justice Dharmadhikari remarked.
The observations were made after BMC counsel Suresh Pakale told the bench that the civic body would not release any further amount beyond Rs14 crore paid on Thursday.
“There have been instances of one employee getting double salaries. No free treatment was given to the poorer section as mandated,” Pakale submitted, adding, “There are numerous irregularities and we intend not to release any other amount for the hospital, at least till the audit reports are inspected.”
Irked over the submission, Justice Dharmadhikari said, “If you seek an inquiry, then let us clarify, we will not spare any single person, be it an official of the government, BMC or even the hospital.”
“You must understand if your patient load is being shared by other hospitals then you should help them revive instead of bringing your political battles,” Justice Dharmadhikari told BMC and government.
The bench accordingly ordered the two authorities to attend the hospital's special board meeting and attempt to resolve all the issues.
“We are impressed that our words were so pleasant to the ears of the government that it released the money overnight,” Justice Dharmadhikari remarked, after being informed that the state had paid Rs24 crore to the hospital on Friday morning.
