HIMALAYA RESEARCH LAB Vs. MCD

JUDGEMENT

(1.) THE petition impugns the order dated 28th September, 2010 of the Respondent MCD reiterating / reaffirming the earlier order dated 24th April, 2009 debarring the Petitioner for five years from supplying Ayurvedic medicines to the Respondent MCD. Notice of the writ petition and the application for interim relief was issued. It was deemed appropriate to dispose of the writ petition itself rather than dealing with the application for interim relief. The pleadings have been completed and the counsels have been heard.

(2.) THE Petitioner a manufacturer of Ayurvedic pharmaceutical formulations and drugs for the last 20 years, has been empanelled in the approved list of contractors of the Respondent MCD for supply of the said products. The Respondent MCD placed a contract on the Petitioner for supply of Ayurvedic medicines mentioned therein for the years 2006 to 2008. The Petitioner supplied the medicines for which order was placed under the said contract. After about six months from the said supplies, the Respondent MCD claims to have sent samples thereof for testing to Sri Ram Institute of Industrial Research, Delhi and, on the basis of the report of the said test, issued show cause notice dated 23rd January, 2009 to the Petitioner. In the said show cause notice it was stated that Sri Ram Institute of Industrial Research has declared the medicines supplied by the Petitioner to be "not of standard quality"; the Petitioner was thus asked to show cause as to why action as per rules should not be taken against it. The Petitioner by its reply dated 30th January, 2009 to the said show cause notice asked the Respondent for particulars as to how the samples were taken and for the copy of the test report. However, the Respondent MCD without giving any hearing to the Petitioner passed the order dated 24th April, 2009, as aforesaid, debarring the Petitioner from supplying ayurvedic medicines for five years.

(3.) IN pursuance to the above, a show cause notice dated 2nd September, 2009 was served on the Petitioner wherein it was stated that the medicines supplied by the Petitioner were found "not of standard quality" by Sri Ram Institute of Industrial Research on test analysis as per their report dated 14th January, 2008; that supply of medicines "not of standard quality" was in contravention of terms and conditions of NIT; keeping in view the seriousness of the matter it was proposed to debar the Petitioner for the next five years from tendering with MCD. The Petitioner submitted a detailed reply to the said show cause notice. However, the Respondent MCD vide its order dated 28th September, 2010 impugned in this petition has reiterated the earlier order of debarring the Petitioner inter alia on the ground that the medicines are something which deal with the life of the poor people who take the medicines from MCD.