The fact finding committee constituted to look into the irregularities done by the chemist shop (shop number 6), that had a monopoly of 29 years at the Government Multi Specialty Hospital (GMSH), Sector 16 and doubled in size, has recommended an FIR after it found the file related to the issue post 2014 missing. The committee also stated that it did not rule out the connivance of former officers in-charge at the hospital as the area occupied by the shop at the hospital was way more than what was allotted and loss amounting to crores to the government has been caused.
The committee was formed by the UT Health Secretary Yashpal Garg. The chairman of the committee is Akhil Kumar, a DANICS officer and Additional Secretary, Health. Other members of the committee are Deputy Medical Superintendent Dr Paramjit Singh, Executive Engineer Anil Kumar Sharma and Senior Architect, UT Architecture Wing, Rajiv Mehta. The report was submitted by Garg.
The findings by the committee found that during the inquiry, the file post 2014 is missing for which a recommendation has been sent to the Chandigarh SSP to lodge an FIR in the case. тАЬThe committee members have gone through the available records, officers/officials inspected the site and also sought written reply in the form of a questionnaire from the serving and ex officers concerned. It is also pertinent to mention that the file related to the chemist shop, GMSH Sector 16 beyond 2014 is missing and the SSP, Sector 9, Chandigarh has been requested to lodge an FIR regarding the missing file of chemist shop,тАЭ the committee said.
Former officers involved?
The report also said that тАЬfrom the reference of the vigilance, it is clear that the load bearing wall was demolished and the passage was included in the chemist shop prior to 2013. It seems that the note of the vigilance originated from some reference from CBI also. The note of the superintendent, Vigilance, Chandigarh Administration, mentioned irregularities found during verification of information concerning commercial sites being run the premises of Sector 16. It has been alleged that Dr Manjit Singh Bains, the then DHS in illegal conspiracy with ML Gupta merged the adjacent area into the shop. However, at this belated stage, it is not possible to indicate any specific date of removal of the load bearing wall. But considering that none of the officers objected to the said illegal act while their offices were located on its very first floor, it indicates that the wall might have been removed with the connivance of the officers at that junctureтАЭ.
The report states that had the former DHSs and subsequent directors taken action on the given note, the government would not have suffered a wrongful loss worth crores of rupees.┬а тАЬтАжAt that time had the then director health services, UT, Chandigarh and subsequent directors taken necessary action on time on such a sensitive and grave issue of irregularities, the continuation of chemist shop beyond that period would have been stopped,тАЭ it was stated.
Speaking with The Indian Express on the possible connivance of former officers, Garg said, тАЬWe will be processing it and will take appropriate action on each aspect including this in due course. A copy of the report has already been submitted in the court and another copy supplied to the chemist shopтАЭ.
Area of the shop in 1992 vs now
The committee also found that тАЬAfter going through the available record, site inspection, clarifications and communication with the serving and retired officers, the area of the shop was not mentioned in the auction documents, possession documents, lease deeds and even in extension letters. The auction notice issued by director of health services on December 15, 1992, was specifically for тАШopen auction of shop/booth no 6 situated in the premises of the hospital of Sector 16 on December 28, 1992тАЩ. Accordingly, the area mentioned in the approved layout plan can be safely taken as the area put to auction, allotted and handed over to the shop in 1992тАЭ.
It also said that from the report of the sub-divisional engineer, maintenance, along with photographs vide letter dated October 19, 2022, it is clear that a slope still exists on the allegedly encroached area of the passage as shown in the drawing dated May 6, 1978, of the Department of Urban Planning, Chandigarh.
At present, the area occupied by the shop along with the passage is 329.16 square feet, whereas as per the drawing mentioned in 1978, the area of shop was 151.87 square feet.
тАЬAccordingly it can again be safely concluded that the present day shop is occupying more area than allotted to them in 1993. Further, since width of the shop as per the approved layout plan was 9 feet, hence, the lessee also mentioned about 9 ft x 9 ft area in his letter dated December 29, 1994, which is available on Annexure 15. No document is available which indicates that the health department allowed or agreed at any stage to include the adjoining passage into the shop,тАЭ it was specified in the fact finding report.
The year 2010 may be taken presumptive year based on the Vigilance finding from June 26, 2013, (Annexure 10) when the additional space of the passage might have been included, the report said.
Damages, loss to exchequer
Regarding the damage charges (approximate rental charges) for the additional/encroached area occupied by the chemist shop, in case of any variation in area, the SDE submitted assessment of rent for the same from January 2010 to October 2022 as per the collector rates of Chandigarh.
Accordingly, for the additional space of 177.29 sq ft (329.16 sq ft + 151.87 sq ft) the amount was found to be at Rs 64,69,913 by the SDE in a letter dated October 21, 2022.
тАЬIt is pertinent to mention that had since the auction on February 17, 1995, through open auction/e-tender, the government would have earned crores as revenue. Recently, a nearby chemist shop was auctioned through e-tendering wherein the highest bidder quoted a bid of Rs 17,01,000 per month. It shows that through auction the government could have earned crores as revenue. It would be appropriate that now onwards, the damage charges should be computed on the basis of proportionate rental amount revealed through the recent e-tender which reflect present market rate,тАЭ the report said.
About public passage
тАЬThe public passage needs to be kept free from any temporary/permanent encroachment to ensure public safety. Its commercial use, either with or without permission, amounts to criminal act because it has exposed the patients/ attendants/ staff to the public safety issues especially during a fire or natural calamity. Public safety aspect requires better compliance especially at the places like hospitals, schools, bus stations, etc. It is suggested that the load bearing wall between shop no. 6 and the public passage must be restored in view of safety and restoration charges must be recovered from shop no 6 of GMSH-16, Chandigarh,тАЭ the report said.
