Dismissed

Jitendra Kumar v. the Director Central Institute of Psychiatry and Ors.

Jharkhand HC3 Jul 2018WPC/307/2015

Case brief

AI extract

What is this about?

Petitioner filed a PIL alleging excessive pricing in a government procurement of a bio-chemistry analyzer. The Court noted the petition was filed without exhausting alternative remedies. The writ petition was dismissed as withdrawn by the petitioner, who was directed to approach the competent authority.

What did the court decide?

Writ petition dismissed as withdrawn.

Jitendra Kumar Vs the Director Central… — Public Procurement and Tenders | Jharkhand HC (2018)

¶1

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (PIL) No. 307 of 2015

¶2

----

¶3

Jitendra Kumar -----Petitioner

¶4

Versus

¶5

The Director, Central Institute of Psychiatry, Kanke, Ranchi

¶6

The Director, Central Bureau of Investigation

¶7

The Union of India through Secretary, Ministry of Health and Family Welfare, Directorate General of Health Services, New Delhi

¶8

M/s Indian Instrument Manufacturing Company through its Functional Director, Kolkata ----- Respondents

¶9

CORAM: Hon’ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Ratnaker Bhengra

¶10

For the Petitioner: M/s Rajeev Kumar, Suraj Verma, Advocates For the Resp Nos. 1&3: M/s Rajiv Sinha, ASGI, B.K. Prasad, JC to ASGI

¶11

¶12

10/ 03.07.2018 Heard learned counsel for the petitioner and learned JC to ASGI

¶13

representing the Respondent Nos. 1 and 3.

¶14

Petitioner has, in public interest, sought to raise a grievance in relation to certain purchase of Automated Bio-Chemistry Analyzer from the Respondent No. 4 Company allegedly at a price five times more than quoted by the same Company to another Government of India Organization. This purchase has been made under the NIT at Annexure-1 dated 17.07.2014.

¶15

Petitioner has not made any representation in respect of the instant grievance to the competent authority before coming to this Court seeking issuance of a writ in the nature of a mandamus. In this background, learned counsel for the petitioner seeks liberty to withdraw this writ petition in order to approach the Respondent No. 3 – Secretary, Ministry of Health and Family Welfare, Directorate General of Health Services, New Delhi.

¶16

Learned JC to ASGI also submits that public interest litigation has been straightway filed without complying the requirement of law or moving the appropriate authority in respect of the instant grievance which could have been easily inquired at the appropriate level, if there was any substance.

¶17

Having regard to the facts noted above, the instant writ petition is dismissed as withdrawn, as prayed for. It is up to the petitioner to approach the competent authority with the instant grievance.

¶18

( Aparesh Kumar Singh, J )

¶19

( Ratnaker Bhengra, J)

¶20

Ranjeet/

Jitendra Kumar v. the Director Central Institute of Psychiatry and Ors.

Case brief

What is this about?

What did the court decide?

Jitendra Kumar v. the Director Central Institute of Psychiatry and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Lal Bihari Singh Vs The State Of Jharkhand And Anr.

Sunil Kumar Singh Vs the State of Jharkhand

Dilip Kumar Kedia Vs The State Of Jharkhand And Anr.

Tribhuban Singh Vs the State of Jharkhand

Utpal Hazari Vs Maya Hazari

Gajendra Tiwari Vs Nand Kumari Devi