Upendra Kumar Dubey vs State Of Jharkhand Thr Vigilan on 17 April, 2012

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Jharkhand High Court

Upendra Kumar Dubey vs State Of Jharkhand Thr Vigilan on 17 April, 2012

Bench: R.R.Prasad

                In the High Court of Jharkhand at Ranchi

                       Cr. M. P. No.83 of 2012

                Upendra Kumar Dubey ............................. Petitioner

                       VERSUS

                State of Jharkhand through Vigilance........Opposite Party

                CORAM: HON'BLE MR.JUSTICE R.R.PRASAD

                For the Petitioner: Mr. Ananda Sen
                For the State     :A.P.P
                for the Opp.Party no.2:Mr.Shailesh

5/   17.4.12

. Learned counsel appearing for the petitioner submits that in terms of the Government policy Civil Surgeon-cum-Chief Medical Officer, Jamshedpur placed order to Karnataka Antibiotics & Drugs and Pharmaceuticals Limited, a Government Company for supply of medicines such as,Dexamethasone, Cotrimoxazole, Paracetamol, Nefnec etc. On receipt of the supply order, the Company asked this petitioner, proprietor of M/s. Unique Pharma, Samlong, Ranchi, and the stockist of Karnataka Antibiotics & Drugs and Pharmaceuticals Limited to supply the medicine at the rate approved by the Company as contained in Annexure 2 which had already been supplied to the Civil Surgeon-cum-Chief Medical Officer of different districts. On such instruction, the petitioner did supply those medicines at the rate approved by the Company, still the petitioner is being prosecuted on the allegation that the petitioner did supply the medicines and charged excess rate whereas it was available at much lower rate which allegation is quite misconceived, in view of the policy taken by the Department under letter dated 18.2.1999 wherein clear cut stipulation is there that if the medicines are available with the Government Company then the order is to be placed only to the Government Company and keeping in view the policy, the order was placed to Karnataka Antibiotics & Drugs and Pharmaceuticals Limited, who supplied the medicine through the petitioner, stockist of the Government Company on the rate approved by the Company and thereby the petitioner has never committed any offence for which he is being charged.

It was further submitted that in some cases similar to this case Investigating Officer keeping in view the policy of the Government did not submit charge sheet.

Upon it, Mr.Shailesh, learned counsel appearing for the Vigilance submits that the matter be placed on 20.4.2012 so that he may file supplementary counter affidavit and the matter be heard along with Cr.M.P.No.423 of 2012 wherein similar issue as is there in this case is involved.

Till then, interim order passed on 6.3.2012 shall continue.

Let a copy of this order be handed over to the learned counsel appearing for the opposite party no.2 for needful.

ND/                                                                        (R.R.Prasad, J.)

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