New Delhi, Jan 27 (PTI) The Delhi High Court on Monday questioned the MCD over the action taken against its officials over the drowning of three civil services aspirants at the basement of a coaching centre in July last year.
A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela observed the CBI was looking into the aspect of "criminality" of their conduct.
The bench asked the MCD counsel to informed about the steps taken by the MCD to fix civil liability, as directed by the high court on August 2, 2024, in the presence of the MCD commissioner.
"What about the administrative civil liabilities, including the liabilities as per the service contract with you? You need not be told what administrative action is about?.. Can you countenance a repeat of that (the deaths)? Three lives were snapped," it said.
The court said it would seek an affidavit from the MCD commissioner on the aspect in the formal order.
The bench will continue to hear the suo motu PIL over the use of basements as libraries for students.
The CBI counsel said a chargesheet was filed against private persons, including the coaching centre owner, and it was awaiting sanction for filing the chargesheet against public servants, an MCD junior engineer aside from two other officials -- divisional officer and assistant divisional officer -- of the fire department.
He also said inputs of the probe were shared with the vigilance department.
Shreya Yadav, 25, of Uttar Pradesh, Tanya Soni, 25, from Telangana and Nevin Delvin, 24, from Kerala died after the basement of the building housing Rau's IAS Study Circle was flooded following heavy rains in central Delhi's Old Rajinder Nagar on July 27, 2024.
The high court on August 2 asked the MCD commissioner to ensure administrative action against erring officials, including seniors for failing to exercise their supervisory power.
During the hearing on a PIL on the deaths, the bench pulled up Delhi government for failing to timely seek extension of the deadline to submit a report on the issue of administrative, physical and financial infrastructure overhaul in the national capital.
The court took exception to the Delhi government seeking time due to the imposition of the model code of conduct in view of the upcoming assembly elections.
The authorities, said the bench, could not take the "shelter of elections" in every matter or use the polls as a "camouflage".
"You should have sought time because of the pending broader consultation (between departments)," it said.
The MCD counsel said encroachments were removed and steps were taken for fresh drains in the Old Rajinder Nagar area.
Petitioner, Kutumb, sought a high-level committee to investigate the matter.
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