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HC sets aside decision for procurement of critical cares ambulance
5/20/2011 10:19:04 PM
EARLY TIMES REPORT
JAMMU, May 20: High court judge, Justice Hakim Imityaz Hussain has set aside the stand taken by the chairman of an official committee about the procurement of critical care ambulance for 2010-11 and directed respondents to initiate a fresh exercise in accordance with rules.
The court directive came today in a petition filed by All J&K Hospitals and Institutional Contractor Alliance, seeking quashmentof a tender issued by the respondents for the procurement of critical careambulance for 2010-2011 on the ground that the last date of sale of tender, issued on May 3, 2010, was fixed as June 3, 2010, and the last date for the submission of tenders was fixed as June 4, 2010.
Justice Hussain observed that five out of eight members had
declined to participate in the process for the reasons recorded by them.
The dissent note showed that five members had virtually abstained from the process and declined to participate. Once the members participated in the process, if the chairman still wanted to proceed with the matter, it would mean the rest of decisions were to be taken only by three remaining members. This was not proper at all in these circumstances.
The chairman should not have proceeded in the matter. The court found that the process in the prevailing circumstances could not proceed. In view of this, there was no need to go to other grounds raised to assail the process and allowed the petition. The process initiated by the chairman on the basis of the committee meeting in which five members put dissent note, was not proper and could not be allowed to stand. It is set aside.
The respondents were required to initiate a fresh exercise in
accordance with the rules in the matter, the court directed.
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