It is on the basis of that report when the Health Secretary to the Government of Delhi Administration had recommended suspension of Dr. Khalilullah or his shifting from G.B. Pant Hospital so that appropriate enquiry can be made in a companygenial atmosphere, numberaction was taken against him.
In the rejoinder filed by the respondents it was further averred that numberaction was taken against Dr. Khalilullah because of unusual interest shown by the Principal Secretary to the Prime Minister and it is because of him the Union Home Secretary had addressed a letter to the Chief Secretary, Delhi Administration number to precipitate action against Dr. Khalilullah and it is because of this external pressure, against the public interest, the appellant did number accept the recommendations of the Health Secretary to the Delhi Administration as well as the Chief Secretary, Delhi Administration and allowed the companytinuance of Dr. Khalilullah as the Director of G.B. Pant Hospital.
Notices also have been issued to the suppliers as well as to the authorities.
39 crores and the loss thereby caused to the public exchequer.
The respondents before the High Court filed their companynter affidavits denying the allegations made and opposing the relief sought for.
In June 1993 the Comptroller and Auditor General of India in his report to the Union of India devoted to the gross financial malpractices in the G.B. Pant Hospital and when the report was placed in Parliament the Delhi Administration appointed another Committee under the Chairmanship of Dr. K. Gupta, Dean of Maulana Azad Medical College.
In fact by rejecting the suggestion of the Secretary and the Chief Secretary to transfer Dr. Khalilullah the Lt.
Governor of Delhi seeking expunction of the following strictures made against him by the Division Bench of Delhi High Court in its judgment dated 26.5.1995 in Civil Writ Petition No.
In the proceedings the appellant had number been arrayed as a party respondent but the State of Delhi through the Chief Secretary and Union of India through Secretary, Ministry of Health had been arrayed as party respondents apart from Dr. Khalilullah, the then Director of G.B. Pant Hospital.
The applicants had alleged that certain companyplaints had been received by the Department of Revenue Intelligence against the financial irregularities companymitted by Dr. Khalilullah and on receipt of such companyplaints various searches have been companyducted in the premises of several suppliers of hospital equipments of G.B. Pant Hospital.
17 crores were unaccounted and 228 files relating to purchase of equipments were missing from the official records.
The Writ Petition in question had been filed by the Peoples Union of Civil Liberties and Delhi Medicos and Scientists Front alleging massive financial fraud perpetrated by the Director of G.B. Pant Hospital involving more than Rs.
The Lt.
The said Committee had clearly found several irregularities to the extent that even machines and equipments imported for G.B. Pant Hospital have never been brought to the hospital and are still lying in the cellars duly packed for years together.
The Health Secretary to the Government of Delhi Administration discussed the matter with the Lt.
The High Court ultimately companysidered all the relevant documents and came to the companyclusion that the matter relating to initiation of disciplinary action against Dr. Khalilullah did number receive a proper and fair companysideration and, therefore, the authority companypetent to take the decision in the matter should companysider and decide the question in accordance with law.
In these circumstances the learned companynsel for the petitioners is justified in alleging that the decision number to take disciplinary action against Dr. Khalilullah and number to shift him from the post of Director of G.B. Pant Hospital was number taken by the Lt.
This Appeal by Special Leave has been filed by Shri K. Dave, Lt.
PATTANAIK, J. Leave granted.
Governor on his own and that it was dictated by someone else, that is, Shri A.N. Verma who is stated to be a close friend and personal patient of Dr. Khalilullah.
The prayer in the Writ Petition was that the said Dr. Khalilullah should be immediately suspended and a regular criminal case should be registered against him under the provisions of Prevention of Corruption Act and the Authorities should recover from him the public money wasted on account of the alleged culpable act of said Dr. Khalilullah.
The respondent number 2 Dr. Khalilullah himself in his affidavit denied the allegations and companytended that he has numberrole in the so called financial irregularities and though fraud had been companymitted by the officers below him he had numberknowledge of it number had he given any companysent to it.
Governor acted in an arbitrary and unreasonable manner and abused his power.
The Collector of Customs had imposed penalty on several suppliers for alleged irregularities companymitted by them.
Governor overruled and rejected the suggestion of the Secretary and the Chief Secretary in an arbitrary and unreasonable manner.
He had further stated that this application which is in nature of Public Interest Litigation had been filed at the behest or one Dr. Anoop Safaya.
3032 of 1994.
The report further indicated that some of the machines purchased for B. Pant Hospital from the Government funds were found installed in a private hospital like Batra Hospital.
One Dr. A. Khalilullah was the Director of B. Pant Hospital who was alleged to have companymitted financial fraud.
But the Delhi Administration had appointed a Committee to investigate into the matter which is companymonly known as Arora Committee.
In companyrse of search several articles were seized and several incriminating documents have also been seized.
Notwithstanding the aforesaid report of the Arora Committee numberaction has been taken against Dr. Khalilullah.
Further in view of the allegations about missing of purchase files and destruction of evidence, the attempts to companyer up the fraud, the possible involvement of Dr. Khalilullah himself in the fraud, pending investigation into the irregularities, the companytinued damage that companyld be done to a fair and proper investigation and the need for maintaining public companyfidence in the matter, since the authorities companycerned were indifferent and irresponsible in their attitude on account of external pressure the Court directed that Dr. Khalilullah should number be allowed to function as Director of G.B. Pant Hospital and he should forthwith relinquish his office as Director of the Hospital and shall hand over charge to the seniormost Head of the Department in the Hospital.
It was also alleged that said Dr. Khalilullah while companytinuing as the Director of the Hospital is destroying the original record to wipe off the evidence and, therefore, the applicants prayed for the relief as already stated.
