IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 888 of 2025 Decided on 31st July 2025 Bharat Pharmaceutical and Surgical Agency Chamba …Petitioner Versus State of Himachal Pradesh and others …Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Sanjay Jaswal, Advocate. For the respondents: Mr. Sumit Sharma, Deputy Advocate General. Ajay Mohan Goel, Judge (Oral) The petitioner has approached this Court for the release of the amount for the supply as well as installation of 3 OT Beds and 2 OT Tables in the respondent Hospital, which as per the petitioner were installed as far back as in the year 2018. 2. Today, the Principal, Pandit Jawahar Lal Nehru Govt. Medical College and Hospital Chamba has joined the Court proceedings online. He apprised the Court that irregularities have been found in the procurement process, which was carried out during the tenure of the then Principal of the College and the procurement was not done in accordance with established norms and financial proprietary. In the light of these circumstances, he 2 submits that it is not possible for him to release the amount as is being claimed by the petitioner for the reason that in case he does the needful, then, tomorrow some action may be initiated against him as to why he has released the payment despite the procurement being contrary to established norms and financial proprietary. 3. Having heard Dr. Pankaj Gupta, Principal of the concerned College and taking into consideration the fact that it is not in dispute that the petitioner has installed 3 OT Beds and 2 OT Tables in the respondent Hospital, which are being used by the said Hospital since the year 2018, this Court is of the considered view that the alleged violation of the norms and financial proprietary in procurement of the supply from the petitioner at the behest of the then Principal should not come in the way of the petitioner in receiving the amount that is due to him, because, fact of the matter remains that he supplied the OT Beds as well as OT Tables to the respondent Medical College almost 7 years back and they are being used by the said College since the last 7 years. This is evident from the documents on record. 4. Accordingly, in light of what has been mentioned hereinabove, this petition is disposed of with the direction that the amount of the products supplied and installed by the petitioner be released to him within a period of four weeks from today. The 3 petitioner shall furnish all the bills afresh to the Principal of the respondent College within a period of one week from today. Post verification thereof, the amount shall be released to the petitioner and it is clarified that as the amount has been ordered to be released to the petitioner by this Court, the act of the Principal, releasing the amount to the petitioner shall not make him an accomplice in the alleged violation of the norms and financial proprietary in the procurement of the supply from the petitioner. It is further observed that the order passed by this Court in the present writ petition should not be construed to mean that this Court has made any observation either way with regard to the alleged irregularities pointed out in the procurement process. It is clarified that in case the requisite payment is not made to the petitioner within a period of four weeks, then, the same shall entail simple interest @6% from the date of the filing of the writ petition. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 31, 2025 (Vinod)