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IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
K. A. NIZAR – Appellant
Versus
THE FLAG OFFICER, COMMANDER IN CHIEF, FOR CMO/CSO (P&A) – Respondent
| Table of Content |
|---|
| 1. petitioner challenges procurement of medicines. (Para 1 , 2 , 3) |
| 2. petitioner seeks quashing of procurement practices. (Para 4) |
| 3. arguments presented by both parties. (Para 6 , 7) |
| 4. court's analysis of tender documents. (Para 8 , 9 , 12 , 13) |
| 5. court finds independent procurement unjustified. (Para 10 , 11 , 14) |
| 6. court disposes of case and leaves open future remedies. (Para 15 , 16) |
JUDGMENT
These two writ petitions are filed by the same petitioner, who is stated to be a chemist/ druggist in Kochi, seeking to challenge the action of respondents 1 to 4 in proceeding to procure life-saving drugs from the 5th respondent herein during the currency of Exts.P3 and P4 agreements entered into by the petitioner.
The 3rd respondent is the Ex-Servicemen Contributory Health Scheme (ECHS) Polyclinic, Kochi, and the 4th respondent is the ECHS Polyclinic, Muvattupuzha, coming under the jurisdiction of respondents 1 and 2. They are essentially rendering medical facilities to Ex-Servicemen from Navy, Army and Air Force. The polyclinics referred to above require various medicines, including life-saving drugs, in the course of their activities. Such medicines are being purchased/proc
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