HC directs DH Rajouri to appear in person with records

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Jammu Tawi, November 28
In a significant order, Justice B.S. Walia of Jammu Kashmir High Court (Jammu Wing) has directed the personal appearance of Director Health Services Jammu, Chief Medical Officer and Medical Superintendent District Hospital Rajouri alongwith the records of the case. While expressing displeasure over the lack of assistance from the State Government, Justice B.S. Walia observed that 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 Service 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 is not registered in this office and as such have not obtained any tax clearance certificate from this office. Advocate S.S. 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 Income Tax Clearance Certificate from Income Tax Department. He further submitted that no such requirement was possessed by the shortlisted contractor i.e. M/s Rajouri Sanitation Club, Rajouri 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, Rajouri.
Advocate S.S. Ahmed assisted by Advocate A.M. Malik further drew the attention of the Court to the complaint lodged with the Deputy Commissioner Rajouri and also the detailed report summoned by Additional Deputy Commissioner (District Vigilance Officer), Rajouri from the Medical Superintendent District Hospital Rajouri. He further submitted that the 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. After considering the submissions of Advocate S.S. Ahmed, Justice B.S. Walia took serious note of the absence of State respondents and while expressing displeasure in the open court observed that none is present on behalf of the respondents despite time having been taken by Mr. Rohit Kapoor AAG to obtain instructions. While adjourning the matter for next regular cause list, Justice B.S. Walia directed Director Health Services Jammu, Chief Medical Officer and Medical Superintendent District Hospital Rajouri to remain present in court on the next date alongwith records. The court further directed that interim directions will continue in the meantime. JNF

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