A petition was filed by BJP MLA of the Loni constituency in Ghaziabad, who professed that the Additional District Magistrate of Ghaziabad’, in charge of the Oxygen distribution, was involved in black-marketing of Oxygen supplies to Delhi and Haryana from Ghaziabad region.
The Bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) directed the District Magistrate to look in to the matter and asked for the report of inquiry which was done by an IAS officer.
Senior Advocate SFA Naqvi and Advocate Shashwat Anand lawyers of BJP in their petition highlighted that Ghaziabad is having several Oxygen plants which are sufficient to fulfil the demands of whole district, even then the city is facing shortage of Oxygen which is resulting in deaths of several people. They further stated that it is violation of rights granted under the golden triangle of Constitution, Art 14,19 and 21.
The petitioners pushed the court further for the matter of manufacturing and distribution to be directed by Judicial Officer or by a retired High Court Judge. AAG Manish Goyal who appeared from the side of State submitted that a committee of 3 members will be made consisting of ADM, Deputy CMO, and Joint Commissioner of Ghaziabad for looking into hospitals who were treating covid patients and facing shortage of oxygen.
AAG Manish Goyal even submitted that allegations regarding the writ petition were baseless as the statistics were from the last week of April, 2021 and there was no shortage of medical Oxygen in the district.
He further submitted a report stating that there were 35 hospitals in operation during that week and no such complaint was received by them for shortage in the months April and May. He submitted the report for Loni Constituency, and even stated that only one COVID designated hospital which had 12 beds and there were no complaints for shortage of the oxygen supply and no such complaints were reported in the control room within 24/7 in the district.
AAG informed the court that an inquiry was set in motion after the Petitioner’s complaint and Ms. Asmita Lal, Chief Development Officer, Ghaziabad was appointed as the inquiry officer and he accepted that the report of inquiry had not yet been submitted. It also noted that the submissions made by the AAG are on the basis of written instructions received by him from the office of the District Magistrate, Ghaziabad. The court recognized that there were allegations for indulging of ADM at the primary level for the matter of diversion of Oxygen .
While taking the present petition in picture it was directed by the District Magistrate that a personal affidavit and record of two weeks with a record of statement would be made by the officer and submitted to Sri Manish Goyal after the IAS officer presents his records and the inquiry of complaint dated 1.5.2021 be brought on the records of the affidavit and presented to the court. The next hearing date is 7th of June, 2021.
