JUDGMENT :

Sandeep Moudgil, J. (Oral)

Relief sought

The jurisdiction of this Court has been invoked under Section 482 of the BNSS, 2023 (Section 483 of the Cr.P.C.) seeking the concession of anticipatory bail for the petitioner in FIR No.20 dated 29.10.2024, registered under Sections 120-B, 406 420, 467, 468, 471, 201 and 203 I.P.C. at P.S. Anti-Corruption Bureau, Faridabad.

2. Prosecution story setup in the present case as per the version in the FIR as under: -

To, The Station House Officer, Police Station Anti-Corruption Bureau, Faridabad Division, Faridabad. Sir, Enquiry No. 06 dated 12.12.2022 Faridabad Office of Chief Secretary, Haryana Government, Vigilance Department In compliance with the order No. 49/105/2022-4 (1) dated 08.12.2022 of the office of Director General, State Vigilance Bureau (HOO) Panchkula, as per endorsement 19462/1-2/SVB (H) dated 13.12.2022, the intelligence report -was registered and received for investigation and in this regard the office of the Chief Secretary, Haryana Government, Vigilance Department. In compliance -with the order No. 49/105/2022-4 Ch(l) dated 02.01.2023 of the office of the Chief Secretary, Government of Haryana, Vigilance Department, as per the endorsement 448/l-2/SVB(H) dated 06.01.2023 of the office of the Director General, State Vigilance Bureau (H), Panchkula, as per the complaint received from Shri Man Singh Bhati son of Shri Raj Singh resident of H.No. 888, Gali No. 1, New Baselwa Colony, Old Faridabad, the following allegation was to be investigated. Accused No. 1 A Heart Centre was started in BK Hospital, Faridabad in the year 2018. In order to provide treatment of heart disease to the general public at affordable rates in government hospitals, under the PPP Model Scheme, the tender for opening a Heart Centre was issued to Meditrina Hospital Pvt. Ltd., Kollam, Kerala in the year 2018. It was given in 2017. Under this scheme, a contract was signed between Haryana Government and Meditrina Hospital Pvt. Ltd., according to which the above company started a heart center in BK Hospital Faridabad from the year 2018. According to this contract, the bills of (Ayushman Bharat card holders, Haryana government employees, Scheduled Castes, BPL card holders etc.) were to be paid by the government hospital. But the above company did not do so and charged the bills from them individually (which came under the free category). The company paid the bills in cash from the patient and also took payment from the government hospital. In this regard, a list of 4 BPL card holders and 3 Ayushman Bharat card holders is given. Those who have paid cash for their treatment to the said company and the company has also taken its payment from the government hospital. Allegation No. 2: It has also been observed that the doctors of this company are using Puncture needle, Balloon, wire, catheter, ROTA, Thrombus aspiration Catheter and other equipment many times. Whereas according to clause no. 5.1.5 of page no. 12 of the contract, all the equipment should be new and not old. The list of 39 patients in whose treatment old equipment was used is attached. According to the guidelines of the Medical Council of India and the World Health Organization, old wire, balloon and other equipment should not be used in the treatment of heart patients (CAG PTC). This poses a serious threat to the life of the patient. Due to this, 100 deaths have occurred in the Heart Center, General Hospital Faridabad since February 2018. Apart from this, it has also come to light that the bills issued by the company are higher than the rates approved by the government. In this way, Meditrina Hospital Pvt. Ltd., along with the Chief Medical Officer General Hospital Faridabad and his employees, are causing huge losses to the Haryana government and creating a huge threat to the health of the citizens. From the observation of the statements and documents obtained during the investigation, it was found that in charge no. 1, a contract was signed