BBMP cannot use pending inquiry to delay Covid dues: Karnataka HC
The hospitals moved the HC as the state and BBMP did not release the dues, citing the Commission of Inquiry constituted to probe alleged irregularities in Covid-19. Now, the court has directed them to pay the dues with 6 per cent interest per annum from bills dated October 17, 2022 and November 11, 2022, till the date of payment.
The state government admitted that dues are to be paid to them. However, the BBMP contended that it had submitted an application to the
Covid Enquiry Commission to permit to make payment of Rs 44.21 crore to various private laboratories towards the dues in respect of RT-PCR tests and Rs 2.20 crore to the concerns which are stated to have lent hearse van services during Covid-19 pandemic in favour of the petitioners and other persons. However, the commission rejected it through an order dated October 27, 2023.
Justice SR Krishna Kumar, in his order, noted that no reliance can be placed upon the said order dated October 27, 2023, passed by the Covid Enquiry Commission to the BBMP to avoid its undisputed liability to pay the pending dues in favour of the petitioners, who would be entitled to recover the same from BBMP. It is also pertinent to note that mere pendency of enquiry by the Covid Enquiry Commission cannot be made on the basis of the undisputed dues in favour of the petitioners, the court said.
The court however also observed that it is relevant to state that in the absence of any prohibitory order passed by the Commission which restrains BBMP from making payment in favour of the petitioners, it cannot be said that the mere pendency of the enquiry simpliciter can be used as a shield by BBMP to justify its non-payment of the admitted dues to the petitioners.
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