“Poor, hapless continue to suffer immensely”
JPDCL, KPDCL impleaded over delay in power supply
Mohinder Verma
JAMMU, May 20: A Division Bench of the High Court of Jammu & Kashmir and Ladakh comprising Chief Justice Arun Palli and Justice Rajnesh Oswal has come down heavily on the authorities over their failure to install and commission CT Scan machines despite their delivery nearly two months ago with the observation that with each day’s delay, the general public, particularly, the poor and hapless continue to suffer.
Follow the Daily Excelsior channel on WhatsApp
The strictures from the Division Bench came in a Public Interest Litigation (PIL) titled Court on its Own Motion Versus Commissioner/Secretary Health and Medical Education Department of the Union Territory of Jammu and Kashmir and others.
Pursuant to the earlier order dated April 29, 2026, a fresh affidavit was filed by Mohd Ashraf Chowdhary, General Manager of the Jammu and Kashmir Medical Supplies Corporation Limited, disclosing that 128 Slice CT Scan machines for District Hospital Budgam, District Hospital Poonch, SMGS Hospital Jammu and Super Speciality Hospital Srinagar had already been delivered by the Japanese vendor on March 23, 2026.
However, shockingly, the machines continue to remain non-functional because of non-availability of the requisite 150 KVA three-phase permanent power supply at the concerned hospitals.
The affidavit informed the Division Bench that the entire process of installation and commissioning would require merely 15 to 20 days from the date the requisite power supply is made available, exposing what the Bench viewed as an alarming administrative failure in ensuring basic infrastructural readiness after procurement of sophisticated medical equipment.
The Corporation further disclosed that vide communication dated May 12, 2026, it had already impressed upon the Director Health Services Kashmir to ensure immediate stabilization of permanent 150 KVA three-phase power supply at the hospitals concerned.
It was also submitted before the Division Bench that issues relating to site readiness, completion of civil and electrical works and provision of requisite permanent power supply fall within the administrative domain of consignee institutions and end-user departments, while Medical Supplies Corporation functions only as the procuring agency.
Taking serious note of the submissions, the Division Bench observed, “ex-facie, post-delivery of the machines, nearly two months have elapsed and nothing is indicated if the concerned authorities have taken any measures to ensure their timely installation and operations to meet the purpose they were requisitioned for”.
The Division Bench further remarked, “needless to assert that with each day’s delay, the general public, particularly, the poor and hapless continue to suffer”.
During the course of hearing, counsel appearing for the parties submitted that in respect of hospitals situated in Jammu, the Jammu Power Development Corporation Limited (JPDCL) is the competent authority to ensure the required 150 KVA three-phase permanent power supply, while in respect of hospitals situated in Srinagar, the responsibility lies with the Kashmir Power Development Corporation Limited (KPDCL).
Acting on the oral request of counsel, the High Court impleaded JPDCL and KPDCL through their respective Managing Directors as party respondents in the PIL and directed consequential amendment in the array of parties.
The Bench also took on record submissions regarding SMHS Hospital Srinagar, Chest Disease Hospital Jammu and Super Speciality Hospital Srinagar, where the latest dates of shipment under the Letter of Credit conditions are July 18, 2026 and July 26, 2026 respectively.
The suppliers, the Division Bench was informed, have stated that dispatch arrangements are in progress and assured that delivery and installation would be completed within stipulated timelines.
Meanwhile, the Health and Medical Education Department submitted a status report in compliance with earlier directions dated March 11 and April 29, 2026, revealing serious findings against Dr Vipan Mangotra, Professor and Head of Department, Radio-Diagnosis, Government Medical College Jammu.
According to the report, the Inquiry Officer vide communication dated May 5, 2026 found that Dr Mangotra had conceded that he was engaged in private practice at a diagnostic facility in Reasi. The report further pointed towards irregularities in biometric attendance and failure to obtain station leave.
The Division Bench was informed that the department has initiated formal disciplinary proceedings against the officer and that the Articles of Charges, Statement of Imputations and Gist of Evidence are being served upon the charged officer for further action.
At this stage, Amicus Curiae Sheikh Shakeel Ahmad submitted before the Division Bench that barring a few exceptions, almost every doctor employed or engaged in Government Medical Colleges and Hospitals is engaged in private practice de hors the norms and Government Order No. 43-HME of 2013 dated 17.01.2023. He asserted that the matter warrants a thorough/deeper probe at the highest level. He also prayed for a short accommodation to furnish a specific/detailed affidavit in this regard.
“Likewise, in terms of our order dated April 29, 2026, the Senior Superintendent of Police, Jammu has also submitted an affidavit dated May 14, 2026. We have perused the averments set out therein. However, before we proceed any further, we direct the officer to place the complete record of the inquiry, that is purported to have been conducted, before the court for scrutiny”, the DB said.
Accordingly, the Division Bench adjourned the matter to June 2, 2026.
