Anadi Tewari
The Supreme Court of India has directed the audit of medical oxygen supplied by the Central Government to the States and Union Territories across India with respect to the manner in which the available supplies of oxygen are distributed through the networks (Centre to States/UTs to hospitals) and are ultimately utilised.
By virtue of the Supreme Courts’ order, the National Task Force (NTA) is being constituted to ensure that the allocation and distribution of oxygen take place on a rational and equitable basis and now for the purpose of facilitating the audits, the task force (NTA) will constitute sub-groups or committees for each State and UTs.
Reason for conducting Audits
The Top Court has directed the conduction of audits within each State and UTs inter alia for determining:
(a) Whether the supplies allocated by the Union Government reach the concerned State/UT;
(b) The efficacy of the distribution networks in distributing supplies meant for hospitals, health care institutions and others;
(c) Whether the available stocks are being distributed on the basis of an effective, transparent and professional mechanism;
(d) Accountability in regard to the utilisation of the supplies of oxygen allocated to each State/UT;
“The purpose of conducting audits is to ensure accountability in respect of the supplies of oxygen provided to every State/UT. The purpose is to ensure that the supplies which have been allocated are reaching their destination; that they are being made available through the distribution network to the hospitals or, as the case may be, the end users efficiently and on a transparent basis; and to identify bottlenecks or issues in regard to the utilization of oxygen,” the bench of Justices DY Chandrachud and MR Shah stated.
The bench further clarified that the purpose of directing an audit is not to scrutinise the decisions made in good faith by doctors while treating their patient.
Structure of the Committee for Audits
The National Task Force (NTA) will constitute the committees for each State and UTs for conduction of audits comprising:
(i) An officer of the State/UT Government not below the rank of Secretary to the State Government.
(ii) An officer of the Union Government not below the rank of Additional/Joint Secretary.
(iii) Two medical doctors in the State/UT concerned including at least one with administrative experience of managing the medical facilities of a hospital.
(iv) A representative from the Petroleum and Explosives Safety Organisation (PESO).
For carrying out the above audit exercise for the National Capital Territory of Delhi, the audit sub-group shall consist of:
(i) Dr Randeep Guleria, Professor and Head, Department of Pulmonary Medicine and Sleep, AIIMS.
(ii) Dr Sandeep Budhiraja, Clinical Director & Director – Internal Medicine, Max Healthcare.
(iii) An IAS officer, each from the Union Government and GNCTD, not below the rank of Joint Secretary.
This matter will be next listed before the Court on 17th May 2021.
Case: Union of India v. Rakesh Malhotra and Another [Special Leave Petition (Civil) Diary No(s). 11622/2021]
Click Here To Download The Order