Gauhati High Court
Cipla Ltd vs The State Of Assam And Ors on 30 June, 2022
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/4
GAHC010132752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4488/2022
CIPLA LTD.
HAVING ITS REGISTERED OFFICE AT CIPLA HOUSE PENNINSULA
BUSINESS PARK, GANPATRAO KADAM MARG, LOWER PAREL MUMBAI
400013 AND ALSO HAVING OFFICE AT MAGISTIC COMPLEX, NEAR NPS
LALUNGAON, BETKUCHI, GUWAHATI 781034 REP BY MR. NARESH PAUL
AGED 51 YEARS, S/O NAGENDRA CHANDRA PAUL, BEING THE
AUTHORIZED SIGNATORY OF THE PETITIONER
VERSUS
THE STATE OF ASSAM AND ORS.
THROUGH THE PRINCIPAL SECRETARY, GOVT. OF ASSAM HEALTH AND
FAMILY WELFARE DEPTT. DISPUR, GUWAHATI-781006
2:NATIONAL HEALTH MISSION
THROUGH THE MANAGING DIRECTOR
HAVING OFFICE SAIKIA COMMERCIAL COMPLEX SRI NAGAR PATH
NEAR POST OFFICE BUS STAND
G.S. ROAD
CHRISTIANBASTI
GUWAHATI-781005
3:THE MISSION DIRECTOR
NATIONAL HEALTH MISSION
ASSAM
HAVING OFFICE SAIKIA COMMERCIAL COMPLEX SRI NAGAR PATH
NEAR POST OFFICE BUS STAND
G.S. ROAD
CHRISTIANBASTI
GUWAHATI-78100
Advocate for the Petitioner : MR. D DAS SR. ADV
Page No.# 2/4
Advocate for the Respondent : SC, HEALTH
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 30-06-2022 Heard Mr. D. Das, learned Sr. counsel assisted by Mr. A. Kalita, learned counsel for the writ petitioner. Also heard Mr. B. Gogoi, learned standing counsel, NHM.
In this writ petition, the order dated 24-05-2022 (Annexure-16) issued by the Managing Director, AMSCL, Assam is under challenge, inter alia, on the ground that having penalized the petitioner by invoking the risk and cost clause the authorities could not have debarred the petitioner from participating in the tender of NHM for 05 years. More so, when the debarment for 05 years have not been mentioned in the show cause notice.
Mr. Das submits that his client could not supply one item, viz. Acyclovir Ointment 3% due to various unforeseen reasons including outbreak of the pandemic Covid-19 and to that extent the company is willing to suitably compensate the department for incurring higher cost for this medicine. However, submits Mr. Das, debarment of the company for five years will amount to blacklisting his client, which will also adversely affect the company's prospect in other tenders. On such count, a prayer has been made to suspend the operation of the impugned order, insofar as the same relates to debarment for a period of 05 years is concerned.
Opposing the said prayer, Mr. B. Gogoi, learned standing counsel, NHM submits that Page No.# 3/4 since the AMSCL is not a party to this petition, the writ petition itself is not maintainable. Moreover, submits Mr. Gogoi, the order of debarment has been issued after hearing the writ petitioner and therefore, in view of the decision rendered by the Hon'ble Supreme Court in the case of Gorkha Security Services Vs. Govt. of NCT & Delhi & Ors. reported in (2014) 9 SCC 105, the impugned order dated 24-05-2022 does not suffer from any infirmity.
Considered the submissions advanced by the learned counsel for the parties. This matter will call for further examination.
Issue notice of motion returnable on 27-07-2022. Since Mr. Gogoi has appeared and accepted notice on behalf of all the respondents, no formal notice is required to be sent in this case.
Extra copies of the writ petition be furnished to the learned departmental counsel. Petitioner is allowed to implead the Managing Director, AMSCL, Assam by hand as respondent No. 4.
Notice be issued to the newly impleaded respondent No. 4 making it returnable on 27-07-2022.
Steps by registered post with A/D. Heard on the prayer of interim relief.
The said prayer will be considered on the returnable date. However, since the impugned order has been issued by the respondent No. 4, as Page No.# 4/4 an ad-interim measure, it is hereby provided that the order of debarment of the petitioner dated 24-05-2022 for the period of 05 years shall remain confined only to the tenders of AMSCL, Assam and also only for the product, viz. Acyclovir Ointment 3%.
The question of maintainability of the writ petition is kept open and shall be gone into at the stage of admission hearing.
JUDGE GS Comparing Assistant