RHYDBURG PHARMACEUTICAL LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present writ petition has been filed seeking cancellation of notice inviting tender dated 03.06.2013.

(2.) THE brief facts of the case are that, on 10.10.2012 a notice inviting tender was issued by the Jharkhand Rural Health Mission Society, for rate contract of the products of Vitamin 'A' syrup. After the petitionercompany qualified in technical bid, the factory premises of the petitioner was inspected by the officials of the Jharkhand Rural Health Mission Societyrespondent no.3. Finally, the contract was awarded to the petitioner whose financial bid was found lowest. On 17.12.2012, work order was placed for supply of 1.60 lacs bottles of Vitamin 'A' syrup, in two lots of 80,000 bottles. The petitionercompany made the aforesaid supply through invoice dated 28.01.2013, with inhouse report indicating that the samples complied as per IP '85'. However, the report dated 09.03.2013 of Jharkhand State Drug Testing Laboratory, Namkum, Ranchi disclosed that the samples were not of standard quality as defined in the Drugs and Cosmetics Act and Rules made thereunder. The petitionercompany submitted its representation dated 15.03.2013 offering to supply spoons measuring 60% of 1 ml. A further clarification was submitted by the petitioner on 30.05.2012 however, without taking a decision on the representation of the petitioner, a fresh notice inviting tender was published on 03.06.2013. Compelled, the petitioner approached this Court challenging notice inviting tender dated 03.06.2013.

(3.) A counteraffidavit has been filed stating that the test certificate issued by the Government Analyst under Section 25(i) of the Drug and Cosmetics Act, 1940 discloses that the samples were substandard. Besides the container which contains 60% of 1 ml. B.H.T. and B.H.A. are monographs of I.P. 85 which has not been mentioned on label as per Rule 104 of Drugs and Cosmetics Act, 1940. In I.P. 2010/ B.H.A. has been omitted, which is not as per Rule 124 of Drugs and Cosmetics Act, 1940. Accordingly, the petitionercompany was directed to take the medicines supplied by it and the petitionercompany vide 22.08.2013 informed the DirectorinChief, Health Services that it would be lifting the medicines by 26.08.2013. Vide order dated 17.08.2013, the supply order dated 17.12.2012 was cancelled by the DirectorinChief, Health Services. Since the medicine supplied by the petitioner was found substandard by the Government Analyst, a fresh notice inviting tender was issued on 13.05.2013 by the Jharkhand Rural Health Mission Society.