HC asks govt not to break rules when buying cars for ministers

The Maharashtra government's proposal to purchase 43 new Skoda Octavia sedans for the council of ministers met with another roadblock with the Nagpur bench of the Bombay High Court making it clear that the vehicles should be purchased as per the Government Resolution dated October 3, 2003, in which a ceiling of Rs 6 lakh has been prescribed.

The state government told the High Court that no final decision has been taken on the issue and the entire matter was under the consideration of the General Administration Department (GAD). It also sought two weeks time to file a detailed reply.

The instant GR issued by the finance department had stated that only the governor, the chief minister, deputy chief minister and chief justice of the Bombay High Court were entitled to purchase any car of their choice, irrespective of the cost.

In case of all the Cabinet ministers, judges of the High Court, ministers of state, chief secretary, advocate general, additional chief secretaries, and principal secretary rank officers, the aforesaid GR would be applicable. The GR also mentions that Maruti Esteem VX or similar vehicles could be bought as per the central government's rate contract.

The secretary rank officers are entitled for vehicle costing less than Rs 4 lakh.

Interestingly, a GR dated September 10, 2001, also mentions that new vehicles should not be purchased without seeking the prior permission of a state-level committee constituted for this purpose.

The GR is also applicable for all autonomous bodies, public sector undertakings, corporations and local-self bodies like Municipal Corporations, with effect from October 3, 2003.

The GR was produced before a division bench consisting of Justice J N Patel and Justice P S Bramhe by a public spirited lawyer Advocate G C Singh who had filed a Public Interest Litigation (PIL) questioning the propriety and wisdom of the decision to purchase 43 new Skoda Octavia Sedan cars at the whopping cost of Rs 5.16 crore by the state government.

The petitioner had expressed shock over the move of council of ministers to get new luxury cars, especially when the state was facing acute financial crisis and was reeling under a huge debt of Rs 1.10 lakh crore.

During the last hearing, the High Court had issued notices to the chief secretary and the finance secretary and had recalled that the Chief Justice of Bombay High Court had opted for a Baleno, costing less than Rs 6 lakh, despite his entitlement of having a costlier car. The High Court had hoped that the council of ministers would keep this in mind while taking any final decision in this regard.

The High Court had pointed out that in the light of this GR, the state government should not ignore the propriety and purchase cars that would cost less than Rs 6 lakh and should not proceed with the idea of purchasing Skodas.

The petitioner appeared in person. AGP Deepak Yengal represented the State.