HC indicts Mauvin
in power scam
Sandesh Prabhudesai
25 April 2001
Following Dayanand Narvekar, Mauvin Godinho,
yet another former Congress minister, is in the dock as the
high court has held him responsible in a multi-crore power
rebate scandal that took place in 1996.
Incidentally, a petition in this regard was
filed by BJP chief minister Manohar
Parrikar, who was then the MLA. Godinho, after splitting from
the ruling Congress to form a short-lived coalition government
two years ago, has recently joined back the Congress.
The state government, in 1991, had issued
a notification granting 25 per cent subsidy on power for the
new industrial units, which had applied for availing power
connection since October '91, for the period of five years.
Subsequently, the state had rescinded the notification on
31 March 1995, due to financial crunch.
In spite of this, Godinho gave rebirth to
a dead notification while also including a new category of
extra high tension category, primarily to grant the subsidy
facility to the power guzzlers like ferro alloy units. He
issued two such notifications in 1996, within three months.
At least 85 industries learnt to have benefited
from it till the notification was then suspended in March
1998, costing the state treasury to the tune of around Rs
50 crore. Parrikar had then also filed a police complaint
against Godinho in this regard.
After hearing the petition, the local bench
of the Mumbai high court has now quashed the notification
issued during Godinho's tenure, considering it as null and
void. The court has also directed the state government to
take consequential action as per its order, though no specific
directives are given for taking action against Godinho.
The police investigations based on two different
complaints, filed against Godinho by Parrikar in 1998 and
by the anti-corruption bureau this month, would now gain momentum.
"We are examining the court order", said DIG Karnal Singh.
While considering Godinho's order as invalid,
the division bench comprising Justice B H Marlepalle and Justice
A M Khanwilkar stated that it cannot be considered a government
decision due to non-compliance of any kind of rules.
In spite of the notification having financial
implications, the court observed that Godinho had not sought
concurrence of the finance department or the industries department
while it was also not placed before the cabinet or the chief
minister.
"Following business rules is mandatory for
arriving at an executive decision, or otherwise it is not
to be held as the decision of the state government", stated
the division bench in its order which was dictated in the
open court consecutively for the last three days.
The government officials are however maintaining
mysterious silence over whether the huge amount would be recovered
from the industries and what action would it take against
former power minister Godinho, who is presently the opposition
legislator.
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