AI Structured Summary
Not yet generated for this judgment
Judgment
Mr. Sanjeev Bhushan, learned Senior Advocate states that all the vehicles, in terms of the agreement, shall positively be deployed with respondent No.2, on or before 1.6.2017.
Mr. J.K. Verma, learned Deputy Advocate General has placed on record instructions dated 15.5.2017, which reads as under:-
"No.HFW-H (RBSK)2013 Vo.-II
NATIONAL HEALTH MISSION
HIMACHAL PRADESH
To
The Ld. Advocate General,
Himachal Pradesh, HP.
Dated Shimla-9, the
Subject:- CWP No.761/2017-titled as Shagun Enterprises Vs. State of HP & Others.
Sir,
Kindly refer to the above titled case, it is hereby submitted that pursuant to the directions passed by the Hon''ble Court on 9.5.2017, the petitioner has approached the office of the undersigned on 11-5-2017 and has submitted a representation stating therein that "he has arranged all 156 vehicles for all the 10 districts, and is to provide 156 vehicles alongwith stickering within 15 days from the date of issue of letter, with further submission that the GPS and Biometric will be provided within the month of providing of vehicles as the liability of payment was not clear and part of the tender".
After going through the complete office records including the tender as well as the agreement entered into by the petitioner with the respondent, it is clear that there was/is no provision for granting any extension to provide the vehicles as sought for by the petitioner vide his letter dated 11-4-2017. However, the petitioner for not complying with the statutory obligations of the agreement and for failure of providing requisite vehicles as the conditions agreed upon within the stipulated period, the petitioner was issued with a show cause notice dated 22-4-2017, which was also replied to by him in detail vide his letter dated 24-4-2017. The decision on the reply to the show cause notice was pending and meanwhile, the petitioner had filed the present petition before this Hon''ble Court thereby seeking the relief for extension of sometime in providing vehicles.
In view of the above factual position, though no extension could have been given to the petitioner over and above the period specified in the agreement, however, keeping in view the entire facts and circumstances including the submissions made by the petitioner, any directions passed by the Hon''ble Court in the matter shall be complied with in letter and spirit.
A set of three copies of the above instructions is being enclosed and sent herewith for favour of kind information and record with the request that the same may very kindly be brought on record of the Hon''ble Court on 16-05- 2017 or on next date of hearing(s) please.
Yours faithfully
Mission Director
National Health Mission,
Himachal Pradesh"
In fact, deployment of vehicles would subserve the public interest. As such, we dispose of the present petition with the direction to the respondents- authorities to consider the case of the petitioner in the light of the aforesaid instructions. Pending application(s), if any, also stand disposed of.