S. No. 13 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR OWP 1726/2018 M/S SEA GREEN TRADERS CONTRACTORS …Petitioner(s)/Appellant(s) Through: Mr. Altaf Khan, Advocate Vs STATE OF J AND K AND ORS ...Respondent(s) Through: Mr. Furkaan Sofi, GA CORAM: HON’BLE MR JUSTICE RAHUL BHARTI, JUDGE ORDER 03.02.2025 1. Chief Medical Officer, CMO Kulgam issued an abridged tender notice No. CMOK/acctt/3242-43 dated 11.11.2016 for supply of variety of hospital related consumable items, particularly, required for operation theatres/blood bank use. 2. The petitioner came to be one of the approved bidders which resulted in the then Chief Medical Officer, CMO Kulgam addressing a communication No. CMOK/Acctt/3527 dated 08.12.2016 to the petitioner calling upon it to attend the Office of Chief Medical Officer, (CMO) Kulgam for requisite negotiations after the committee constituted for the purpose of arranging the supplies had found the petitioner to be the lowest with respect to the items for which the tender exercise was resorted to. 3. The items which came to be ordered upon the petitioner to supply are the ones as mentioned in a Communication No. NHM/KGM/673-76 dated 14.12.2016 addressed on behalf of the District Health Society, Kulgam, National Rural Health Mission (NRHM). 4. As per the said communication, sixteen (16) items of medical equipments/articles were solicited from the petitioner to be supplied which the petitioner is said to have duly supplied bearing value of Rs. 27, 96,050/- (rupees twenty seven lacs ninety six thousand and fifty only). 5. The receipt of the supplied equipments/items from the petitioner was duly acknowledged but the Chief Medical Officer, CMO Kulgam of the time is said to have indulged in avoiding the matter of payment of sale price of the medical equipments/items on one pretext or the other which engaged the attention of the Directorate of Health Services, Kashmir who, vide communication No. DHSK/Pur/Kulgam-Purchases/2017- 18/24/142 dated 27.05.2017 addressed to Chief Medical Officer, CMO Kulgam called the bluff of the Chief Medical Officer CMO Kulgam that when the supplies were yet to be opened and verified, how the Chief Medical Officer, CMO Kulgam was clamoring that the supplies were obsolete and not as per specifications. 6. Chief Medical Officer, CMO Kulgam was directed to carry out the verification of the supplies at first instance and in case of the items found not to be as per the orders’ specifications, then to reject the same and rest to be approved for the payment of sale price to the petitioner subject to carrying out negotiations, if any possible with the petitioner. 7. The fact of supply made by the petitioner is, thus, fully confirmed from communication No. DHSK/PUR/Kulgam- Purchases/2017-18/24/761-63 dated 20.09.2017 from the end of Directorate of Health Services, Kashmir addressed to Chief Medical Officer, Kulgam. The conduct of Chief Medical Officer, Kulgam at the relevant point of time who had come forward with abridged tender notice was seriously questioned by his successor in office to the extent that even the offer made by the petitioner that it was willing to offer a discount of Rs. 8.00 lac against the supply order valued of Rs. 30,00,000/- (rupees thirty lacs only), was viewed with suspicion. 8. Directorate Health Services, Kashmir again by virtue of communication No. DHSK/PUR/Kulgam-Purchases/2017- 18/24/1298-99 dated 06.02.2018 impressed upon the Chief Medical Officer, Kulgam to act in the matter in accordance with communication No. HME/Acctts/151/2017 dated 28.12.2017. 9. It is in this factual backdrop of its grievance that having made the supplies of the requisite medical equipments/items and not getting its sale price paid, the petitioner left no door unknocked in getting redressal and that led to constitution of an enquiry committee constituted vide Order No. DHSK/Purchase/ Mac.Equip/Kulgam/1567-82 dated 24.03.2018 on the subject of purchase of machinery and equipments by the then Chief Medical Officer, CMO Kulgam in the given financial year 2016-17. The committee constituted was of seven officials. The committee came forward with its recommendations which are reproduced hereunder:-  All the items as per the specification mentioned in the above para (16) be got verified through the Verification Board of Controller of Stores, Barzualla - Srinagar and they should be asked to verify the items as per above specifications at para (16) along with the specifications mentioned in the original supply order.  As regards, the items at para (17), it is recommended that specialist of such concerned Department should be incorporated in the verifications Board who will determine whether these items can carter to the need of the institutions and accept or reject them accordingly which has been verbally agreed by the contractor, however, a written undertaking needs to be taken from him regarding all the above recommendation.  The discount offered by the supplier amounting to about Rs 8.00 Lacs shall be kept unaltered and shall be claimed from the contractor, afresh on an undertaking and payments less by the amount of discount shall be only paid after verification of all the supplies, if they acceptable to the Verification Board.  Disciplinary action under rules shall be initiated against all the concerned including Dr. Ashiq then CMO, Dr. Shafi Darzi, then CMO Kulgam, all the members of the committee constituted by the then CMO Kulgam Dr Shafi Darzi, members of the purchase committee of CMO Kulgam (headed by Dr. Aashiq) who floated the tender and fixed the Contract. 10. It is in this scenario that the petitioner finding itself remaining unpaid for the medical equipments/items supplied by it had as a last resort came up with the present writ petition instituted on 10.09.2018. 11. The writ petition has remained on the docket of this Court for the last more than six years and running in which the respondents have least bothered to come up with reply/objections to the extent that this Court, in terms of an order dated 04.12.2024, was constrained to grant an opportunity to file reply to the writ petition subject to payment of costs of Rs. 4,000/- with a further direction to produce the record and in default of the needful not done, the personal appearance of the Director Health Services, Kashmir was to take place. 12. Today, there is no response filed from the end of the respondents to the writ petition. Costs of Rs. 4,000/- also have not been deposited. The Director Health Services, Kashmir is also not present. 13. The indulgence of this Court cannot be taken for granted by any litigant, be it a petitioner side or the respondent side. Time of the court is precious one which is not supposed to be wasted in adjournments just for the sake of reminding the respondents that filing of a reply/response to a writ petition is an obligation resting upon the respondent(s) for his/their own benefit and in case the said option is not availed then the same cannot be put on to the prejudice of the petitioner which has suffered from the last six years without seeing reply/response of the respondents. 14. Reading between the lines, the reluctance attending release of the amount of Rs. 27, 96,050/- (rupees twenty seven lacs ninety six thousand fifty only) as value of the equipments/items supplied by the petitioner is that the then Chief Medical Officer, CMO Kulgam, perhaps, had acted beyond his authority and office to go for such like purchase spree without following the codal formalities and as such rendering the exercise so carried out by him seriously a suspect exercise. 15. Be that as it may, the fact has got confirmation from the enquiry set up into the matter that medical equipments/items were actually supplied by the petitioner but the petitioner was never paid even a single penny towards the clearance of sale price. 16. Exasperated at one point of time, the petitioner had even offered an amount of Rs. 8.00 lac as a discount in order to expect early settlement of its case so as to fetch at least 20.00 lacs in return for the sale price for the supplies so made by it. The establishment of the Directorate of Health Services, Kashmir also seriously entertained for consideration of the discount offer of the petitioner. 17. Learned counsel for the petitioner submits that his client still stands by the said offer. 18. In view of the aforesaid facts and circumstances, this Court is of the confirmed opinion that the petitioner is entitled to earn payment in its favour against the supply of goods/equipments supplied by it to the respondent- Chief Medical Officer, Kulgam valuing Rs. 27, 96,050/- (rupees twenty seven lacs ninety six thousand and fifty only) with a discount of Rs. 8.00 lacs thereupon which makes payment due and payable in favour of the petitioner to be Rs. 19,96,050/-. The same to be paid to the petitioner within a period of three months from the date of this judgment onwards failing which the payment of Rs. 19,96,050/- (rupees ninteen lacs ninety six thousand and fifty only) shall carry an interest @ 18% per annum with effect from 2016 onwards till actual payment of the money taking place in favour of the petitioner. 19. The direction with respect to payment in favour of the petitioner shall not come in way of the respondents in proceeding against the delinquent the then Chief Medical Officer, Kulgam of the time whose acts of omission and commission in the matter of issuance of tender notice and so to say shoddy exercise of seeking supplies of medical equipments came to take place. 20. Disposed of. (RAHUL BHARTI) JUDGE SRINAGAR 03.02.2025 AAMIR Whether the order is speaking Yes/No Whether is order is reportable Yes/No