ALPA LABORATORIES LTD Vs. ESI CORPORATION

JUDGEMENT

(1.) BY way of this petition, the petitioner has, inter alia, sought a writ order or direction for quashing the letter dated 17.06.2013 issued by the respondent, whereby the petitioner has been debarred from participating in future tenders for three years. The petitioner was, inter alia, supplying sterile water for injections under a Running Rate Contract. Clause 15(iii)(d) of that Running Rate Contract reads as under: -

(2.) ON 20.10.2011, a Show Cause Notice was issued to the petitioner by the Deputy Commissioner (Rate Contract). The said Show Cause Notice was as under: - <FRM>JUDGEMENT_3594_ILRDLH23_20131.htm</FRM> Copy to : - The Dy.Med.suptd. ESIH, Joka Kolkatta With ref. To their letter No. 412.U.25/1/Med. Policy/2005/vol.III/5759 dated 19.9.2011 with a request to take immediate action for recovery of the cost of supplies from the firm or replacement of the drug under intimation to this office. Dy. Medical Commissioner (RC)"

(3.) THE petitioner was required to show cause, as to why action should not be taken as per the terms and conditions of the ESI Rate Contract which included the above mentioned Clause 15(iii)(d). It is also to be noted that alongwith the Show Cause Notice a copy of test report was also enclosed.