HC directs DHS, CMO, MS to appear in person with record

Excelsior Correspondent
JAMMU, Nov 28: In a significant order, High Court has directed the personal appearance of Director Health Services Jammu, Chief Medical Officer Rajouri and Medical Superintendent District Hospital Rajouri along with the record of the contract for sanitation services in the District Hospital Rajouri.
While expressing displeasure over the lack of assistance from the State Government, Justice B S Walia observed, “none is present on behalf of respondents despite time having been taken by AAG Rohit Kapoor to obtain instructions in the matter”.
Advocate Sheikh Shakeel Ahmed with Advocate Arshad Majid Malik appearing for the petitioner M/s Jan Baaz Security and Management Services drew the attention of the court towards a communication No.1242/CTO/RP dated November 16, 2016 issued by the Commercial Tax Officer, Circle Rajouri/Poonch whereby it was intimated that the firm M/s Rajouri Sanitation Club was not registered in this office and as such have not obtained any tax clearance certificate.
Advocate Ahmed further submitted that one of the conditions of the contract for providing sanitation services in District Hospital Rajouri was that the contractor should enclose experience certificate (if any), bank statement of last two years and tax clearance certificate from Income Tax Department.
“No such requirement was possessed by the shortlisted contractor—Rajouri Sanitation Club and despite this violation of the terms and conditions, the Medical Superintendent District Hospital Rajouri on extraneous considerations is hell bent to award the contract in favour of M/s Rajouri Sanitation Club”, he submitted.
He also drew the attention of the court to the complaint lodged with the Deputy Commissioner Rajouri and the detailed report summoned by Additional Deputy Commissioner (District Vigilance Officer), Rajouri from the Medical Superintendent District Hospital Rajouri. “Medical Superintendent has not bothered to submit the requisite report to the office of the Deputy Commissioner Rajouri which constrained the petitioner to approach the court”, he added.
After considering the submissions of Advocate S S Ahmed, Justice B S Walia took serious note of the absence of State respondents and directed Director Health Services Jammu, Chief Medical Officer Rajouri and Medical Superintendent District Hospital Rajouri to remain present in court on the next date along with records. The court further directed that interim directions will continue in the meantime.

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