Sudhir Kumar Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15798 of 2016 ===========================================================

1. Sudhir Kumar Ojha, Son of Sri Krishnadeo Ojha Resident of VillageLahladpur Patahi, P.S. Muzaffarpur Sadar, District Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, Health Department, Government of Bihar, Patna.

3. The Director-in-Chief, Health Department , Govt. of Bihar, Patna.

4. The Managing Director, Bihar Medical Services Infrastructure Corporation Ltd. Patna.

5. The General Manager, Bihar Medical Services Infrastructure Corporation Ltd. Patna.

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Respondent/s : Mr. S.D. Yadav-AAG-9 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 03-05-2017 Grievance made by the petitioner in the writ petition is that the Bihar Medical Service Infrastructure Corporation Limited, respondent Nos.4 and 5, have floated a tender for financial year 2015-16 and awarded the work of purchase of drugs and its supply to various blacklisted companies and has pointed out the specific detail of one company which is black listed and to whom the work has been awarded. The name of the company has been indicated as M/s. Daffodils Pharmaceuticals Company.

On notice being issued, respondent Nos.4 and 5 have filed a detailed counter affidavit. They contend that they have

Patna High Court CWJC No.15798 of 2016 dt.03-05-2017 2/2 looked into the matter and it has been found that no work has been awarded to any blacklisted supplier or distributor. Only in one case a single Machine was purchased after accepting the offer of M/s. Daffodils Pharmaceuticals Company, a blacklisted company, but subsequently this has also been cancelled and averments in this regard are made in para Nos.8 and 11 of the counter affidavit. That being so, for the present, we find no further indulgence to be made into the matter as we are satisfied from the averments made by the respondents that a two member enquiry committee was constituted by the Department of Health, Government of Bihar, and based on the report of the said committee, action has been taken in the matter.

Accordingly, finding that action has been taken on the report by the respondents, presently no further indulgence is called for, the application is dismissed.

(Rajendra Menon, CJ) (Sudhir Singh, J) K.C.jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 9.5.2017 Transmission Date N/A