Indian Kanoon - Search engine for Indian Law

 The hospitals then allegedly purchased sterile gloves from the open market including from M/s. MRK Healthcare which is alleged to have caused a loss to the exchequer of 98,98,391/-.

Allegations in FIR No. 02/2012 :

q. The allegations in the impugned FIR No. 02/2012 are that in 2009, surgical tender was initiated by the Chief Medical Officer ("CMO"), CPA, GNCT of Delhi to finalize the rate contract of drugs and surgical consumables for all hospitals and other health establishment under GNCT. It was the responsibility of the CPA to finalize the rates, pursuant to which the following steps were taken: "

24.06.2009 The above Sub-Committee suggested a few changes and sought approval from the Law and Finance Department.

09.10.2009 The Tender was floated by the CPA and on 09.07.2009 tender for 247 items was opened.

21.10.2009 Technical Evaluation Committee was constituted by the CPA.

 M/s Centennial Surgical Sutures Ltd. supplied sutures to the CPA at Rs. 2201/- whereas they were supplied to hospitals, i.e. GB Pant Hospital at Rs. 996/- and to RML Hospital at Rs. 610/. Thus, there is a huge difference in the rates of items quoted by M/s Centennial Surgical Sutures Ltd. in response to tenders for various medical use items called by DHS, in the existing CPA rate contract from other three government institutional tender rates. However, during the arguments before the Ld. Special Judge, Tis Hazari Courts, Delhi it transpired that, in the minutes of the meeting on

g. With regards to the allegations in FIR No. 02/2012, he states that during enquiry it was revealed that the pronouncement of sutures by CPA at higher rates was not finalised by SPC. In fact, it was the In- charge CPA and DHS who took this decision to purchase sutures at higher rates i.e., at Rs. 2201/-. Furthermore, the firm had submitted a forged Manufacture and Marketing Standing Certificate bearing no. Cert./MSC-68/2019-2009/I dated 29.10.2009 at the time of tender which was not issued by Food & Drugs Administration, Thane. h. With regards to the allegations in FIR No. 04/2013, he states that investigation has revealed that DDU hospital had issued supply order for Rs. 24,51,000/- and Rs. 46,64,000/- for purchase of sterile surgical gloves in favour of M/s Lord Krishna Company and M/s Colour Life Science respectively. These orders were issued on the basis of the letter dated 29.03.2011, purported to have been issued by Dr. A.K. Chatterjee, Addl. Medical Supdt./Purchase Officer, GTB Hospital, Dilshad Garden, Delhi to Purchase Officer, DDU Hospital, Delhi intimating the approved rates of the gloves @ Rs. 12.90 per pair plus VAT valid upto 31.08.2011. However, during verification, the said letter was found to be forged. The Petitioner was the Medical Supdt.