The Himachal High Court today pulled up the state chief secretary for non compliance of court orders in the jaundice outbreak case and also directed the Special Investigation Team (SIT) constituted to go into the reason for spread of the disease and fix responsibility to take action against more errant officials.
The court directed the Chief Secretary, additional Chief Secretaries of Urban Development, and Education, member secretary Pollution Control Board Vineet Kumar, Director Public Relations and Chief Medical Officers (CMO) to appear before the court on the next date of hearing on March 28.
Passing the orders, on a PIL taken suo moto by the division bench of Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan, the court accepted the apology of Secretary IPH Anuradha Thakur and appreciated her efforts to control the spread of jaundice and holding inter-departmental meeting to prevent the disease in future.
"The question is that what action has been taken against the Additional Chief Secretary and secretary (Irrigation and Public health) and other officers, manning the posts since September 18, 2014.
"These officials were manning the posts, till the outbreak of jaundice andhave prima facie, violated the court directions. Secretary (I&PH) is directed to furnish the details of these officers."
The court ordered the Registry to frame rule against the officers, who were directed to show cause as to why they should not be dealt with in terms of the provisions contained in the Contempt of Courts Act.
Making adverse observations against Chief Secretary, the court said, "Chief Secretary has not filed any affidavit in terms of the directions (contained in paras 40 and 44 of the order) and he isdirected to file fresh affidavit and also remain present in the court."
The bench said it is made clear to SIT as to whosoever may be involved in the commission of the offences, should not be given any liberty or shown any leniency.
The SIT is directed to conclude the investigation, in terms of the directions, as early as possible and bring all those persons to book, who are involved in the commission of offences.
The court noted that a committee has beenconstituted by the Engineer-in Chief (Irrigation and Public Health) to examine the operation and maintenance of Sewage Treatment Plants but claimed that the preliminary report refers only to STP in Shimla.
Nothing has been said by the said committee about other STPs in entire Himachal Pradesh, thus a fresh report should be filed, the bench said.
