Archive · 15 Jun 2025
Oxygen Scam: Bureaucratic Hurdles Impede Official Prosecutions
Imagine government workers might have done something wrong, like in a scam.
Before they can be brought to court, the people in charge of the worker's department often have to say it's okay to sue them.
However, sometimes the department says no, even if the police think the worker did something bad.
This has happened in a recent case about oxygen cylinders.
Experts disagree on whether this is fair.
Some think it protects the worker too much, and it should be the courts that decide.
Others say the department has the right to protect its workers.
There are special rules, but often, if the wrongdoing wasn't part of the worker's job, a special approval isn't needed.
Authorities face hurdles getting approval to prosecute officials.
BMC denied the Economic Offences Wing permission to prosecute officials in an oxygen cylinder scam.
Sanction is usually required to prosecute government officers.
Experts debate whether departments should protect officials accused of fraud.
Rules differ based on the type of offense and if the act was part of official duty.
- Who
- The Economic Offences Wing (EOW), BMC, and various legal experts.
- What
- Obtaining sanction to prosecute government officials, facing challenges in the oxygen cylinder scam.
- When
- N/A
- Where
- Mumbai, India
- Why
- To prosecute civic officials allegedly involved in oxygen cylinder procurement scams and other corruption cases.
Protecting Officials
Ensuring Accountability
Departmental Refusal
Protecting Officials
Departments are entitled to refuse sanction if they believe their officer is falsely accused, providing protection against malicious cases.
Ensuring Accountability
Such decisions should be left to the judiciary.
Duty vs. Beyond Duty
Protecting Officials
If the act was part of the official duty, prosecution sanction is a must.
Ensuring Accountability
If the crime is beyond duty, sanction isn't required.
- Law Involved
- Bharatiya Nagarik Suraksha Sanhita (BNSS) and section 197 of the Code of Criminal Procedure (CrPC)
- Key Issue
- BMC's denial of sanction for prosecuting officials in the oxygen scam.
- Pending Cases
- 355 cases are pending approval for prosecution sanction.
- Cases Pending Over 3 Months
- 305 cases
- Departments with Pending Cases
- Police (80), Rural Development (58), Revenue (47), Urban Development (45)