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Patna High CourtCWJC/15521/2016disposed

Pragya Bharti Bihar v. The Union Of India And ORS

2017-07-12The Chief Justice,Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15521 of 2016 =========================================================== Pragya Bharti ( Bihar ), registered NGO through its Secretary, Dr. Bhupendra Kumar Mishra S/o Late Baliram Mishra R/o Mohalla - Sheoganj, P.S. Arrah ( T ), District - Bhojpur .... .... Petitioner/s

Versus

1. The Union of India through the Secretary, Department of Health, Government of India, New Delhi

2. The Secretary, Department of Health, Government of India, New Delhi

3. The Secretary, Department of Chemical & Fertilizer, Government of India, New Delhi

4. The Drugs Controller General of India, New Delhi, India

5. The Director, National Pricing Pharmaceutical Authority ( NPPA ), New Delhi, India

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

7. The Principal Secretary, Department of Health, Govt. of Bihar, Patna

8. The Secretary, Department of Health, Govt. of Bihar, Patna - Cum - Executive Director, State Health Society, Bihar, Patna

9. The Director - in - Chief ( Administration ), Department of Health, Bihar, Patna

10. The State Drugs Controller, Bihar, Patna

11. Dr. N.R. Biswas S/o Not Known, Director, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna

12. Dr. P.K. Sinha S/o not Known, Medical Superintendent, Indira Gandhi Institute of Medical Science, Sheikhpura, Patna

13. Dr. Rajesh Kumar Singh S/o Not Known, Head of Department, Regional Cancer Centre, India Gandhi Institute of Medical Science, Sheikhpura, Patna

14. Mr. S. Haque S/o Not Known, Account Officer, Accounts Department, India Gandhi Institute of Medical Science, Sheikhpura, Patna

15. M/S ADMAC Life Sciences, Plot No. 107A, EPIP, Phase - I, Jharmajri, Baddi, District Solan ( H.P. ) through its Managing Director

16. M/S. Ayon Healthcare Pvt. Ltd., Flat No. 305/5, Wing - V, Vishal Residency, Bailey Road, Raja Bazar, Patna through its Managing Director

17. Rishi Aushdhi, Sheikhpura Bagicha, near IGIMS, Patna through its Proprietor .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Kumar Singh For the Respondent/s : Mr. PUSHKAR NARAIN SHAHI-AAG6 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date: 12-07-2017 From the counter affidavit filed by the IGIMS

Patna High Court CWJC No.15521 of 2016 dt.12-07-2017 2/2 and the averments made from para 7 onwards goes to show that during the period the Medical Superintendent of the Institute had proceeded on leave, hence there arose some confusion in the matter with regard to the procurement of the medicines, but the assertions made from para 8 onwards, it has been ensured that no such error has been occurred in the future.

Keeping in view the explanations and the statement made by the Institute in the counter affidavit, we dispose of the matter with a direction of the Institute to ensure that the statements made in the counter affidavit are implemented in letter and spirit. With the aforesaid, the application stands disposed of.

(Rajendra Menon, CJ) (Anil Kumar Upadhyay, J) Shageer/- AFR/NAFR NAFR CAV DATE NA Uploading Date 14/07/2017 Transmission Date NA