Medipol Pharmaceutical India Private Limited v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13800 of 2018 ====================================================== Medipol Pharmaceutical India Private Limited having its registered office at 128/5 Swiss House, Vishwas Nagar, Delhi 110032 and having through its authorized signatory and representative namely Binod Kumar Mandal, Son of Sri Gauri Shankar Mandal Resident of Village- Kendua Lewar, Post OfficeJhajha, Chain, Police Station- Sono, District- Jamui, Bihar, Pin No. 811308 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Health and Family Welfare, Government of Bihar, Vikas Bhawan, New Secretariat, Patna.

2.

The Bihar Medical Services and Infrastructure Corporation Limited through its Managing Director, Department of Health, Government of Bihar, 5th Biscomaun Bhawan, Gandhi Maidan, Patna-800001. 3.

The Managing Director, the Bihar Medical Services and Infrastructure Corporation Limited through its Managing Director, Department of Health, Government of Bihar, 5th Biscomaun Bhawan, Gandhi Maidan, Patna800001. 4.

The General Manager (F and A), the Bihar Medical Services and Infrastructure Corporation Limited through its Managing Director, Department of Health, Government of Bihar, 5th Biscomaun Bhawan, Gandhi Maidan, Patna-800001.

5.

The General Manager (Procurement) the Bihar Medical Services and Infrastructure Corporation Limited through its Managing Director, Department of Health, Government of Bihar, 5th Biscomaun Bhawan, Gandhi Maidan, Patna-800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the State :

Mr. Kamlesh Kishore, AC to SC-12 For the BMSIL :

Mr. Vikash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ARUN KUMAR JHA

Patna High Court CWJC No.13800 of 2018 dt.23-03-2023 2/3 ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) Date : 23-03-2023 None appears for the petitioner.

2. In the instant petition, petitioner has prayed for following reliefs:- "i) To issue a Writ in the nature of Certiorari for quashing the show cause notice dated 15.06.2018 having been served upon the petitioner on 21.06.2018.

ii) To any other relief or reliefs to which the petitioner is entitled in the facts and circumstances of the case."

3. Petitioner has assailed the show cause notice. Show cause notice cannot be entertained in the writ petition in the absence of ingredients, like it is in violation of any statute or rules or in the event of issuance of show cause notice by an incompetent authority. Both the ingredients are not forthcoming in the present petition. Therefore, petitioner has not made out a case so as to interfere with the show cause notice.

4. Accordingly, the present petition stands dismissed reserving liberty to the petitioner to file his say on the show cause notice within a period of two weeks from today. Thereafter, the concerned authority is hereby directed to pass speaking order and communicate the same within a

Patna High Court CWJC No.13800 of 2018 dt.23-03-2023 3/3 reasonable period of time.

(P. B. Bajanthri, J) ( Arun Kumar Jha, J) rakhi/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 28.03.2023 Transmission Date N.A.