Himachal High Court stays tender process for diet to IGMC patients

Vijay Arora

Shimla, August 4

The HP High Court has stayed the tender process for providing cooked diet to the indoor patients of the IGMC Hospital, Shimla, and its associated hospitals.

A Division Bench comprising Acting Chief Justice Ravi Malimath and Justice Jyotsna Rewal Dua passed the interim order on a petition filed by Yadupati Thakur. The petitioner alleged that initially the canteen at the IGMC was run by the Rogi Kalyan Samiti but later the authorities concerned decided to outsource the service.

Thakur alleged that e-tenders were floated on July 20, 2020, and outsourcing was done in an inappropriate and illegal manner by ignoring the requisite terms and conditions. The necessary approval of the government was not taken before finalising the tender. Moreover, the firm, which was awarded the tender, was not eligible, as it had been blacklisted by the Indian Institute of Advance Studies, one of the offices of the Central Government. He alleged that the whole tender process smacks of malafide intentions of the respondent authorities.

The court observed, "Prima facie, the entire tendering process was erroneous, as the tender was not called for any specified volume of business, while it was stated in the document that the tenderer should assess the volume of business himself by visiting the hospital. The tender should always be called for a specific purpose for a specific quantity and it cannot be left to the discretion of the tenderer".

The court observed that the approval of the government was taken after the tender was finalised. Hence, it was of the view that calling a tender and the further proceedings may not conform to the law".

Courtesy: Tribune News Service

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