The country’s premier institute All India Institute of Medical Sciences (AIIMS) made excess payments to a legal counsel by ignoring the notings of its administrative department and also overruling the rates fixed by the Government of India’s Department of legal Affairs for legal counsel to appear in the lower Court.
In one such case, AIIMS legal counsel RK Gupta was paid Rs 45,000 per hearing in the matter of AIIMS Vs Prashant at Wardha Court in Maharashtra.
AIIMS administration made a whopping 25 times payment to the legal expert. In lower Courts, for effective hearing Rs 1800/-per day is fixed whereas for non-effective hearing Rs 600/- per day is fixed.
The Pioneer has accessed the papers that reveal how AIIMS legal Counsel was paid legal fee in contravention to the approved rates issued by the department of legal affairs. The Finance Division of AIIMS had asked for the justification for paying higher fee to the counsel. It said, “The legal fee of Rs 45,000 per hearing is on higher side as compared to the approved rates issued by the Department of legal Affairs, Ministry of law &Justice of Govt. of India. Therefore, justification in this regard may please be furnished.”
The issue was raised by the Finance Division when the bill for the month of January, 2016 of Advocate/SlC of AIIMS was received in the Finance Division for payment.
“During the verification process by AIIMS legal cell, a total amount of Rs 16, 63,145 was found to be in excess as per the claims of the legal counsel. These were the cases since November last year to April this year,” said the sources.
According to the minutes of meeting, a copy of which is with The Pioneer, it says that “It has been decided that the legal Cell, AIIMS, New Delhi will accept the certificate given by RK Gputa, Nominated counsel for effective hearing certificate for release of payment and all the differential payment between claimed and sanctioned since November, 2015 onwards be released.”
When contacted AIIMS Deputy Director V Srinivas in this regard, he said, “In the past too, other senior legal counsel of AIIMS were being paid Rs 45,000 per day per hearing, even though the hearing used to held in Delhi. However, in case of Gupta, he was paid Rs 45,000 per hearing because the hearing was held out-stationed. Gupta used to represent AIIMS at Wardha Court in Maharashtra.”
Srinivas, denied any release of payment of Rs 16,63,145 to Gupta and said, “Gupta is a senior advocate of Supreme Court of India and AIIMS administration only provided him a chance to defend his case. However, when contacted Gupta refused to comment.