- (1.) Item nos.10 to 13 involved similar questions of facts and law and by consent of parties I have taken them up together consolidated and heard them analogously. Item nos.12 and 13 did not disclose any purchase order. Item nos. 10 and 11 disclosed purchase order.
(2.) Documents have been discovered by the respondent Kolkata Municipal Corporation by an affidavit affirmed by Mr. Manas Som, Superintendent, Central Medical Stores of the Kolkata Municipal Corporation affirmed on the 9th day of September, 2019, which is taken on record and a copy has been served on Mr. Bose's advocate on record. The factual basis of Mr. Bose's submission have been admitted by the said deponent as appeared from paragraph 6 of the said affidavit, which is as follows ; "The specific case of the respondent amongst others is that the Superintendent, CMS was not authorised to enter into the contract on his behalf, if the issuance of the purported order by him or supplying medicine by the writ petitioner no.1 at the unit price of medicine as fixed is considered to be a contract. In fact such purported contract does not bind the Kolkata Municipal Corporation under the law. Although there was no specified and/or prescribed guidelines for procurement of medicine, the Kolkata Municipal Corporation used to obtain the supply of medicines at the approved rate either of the Government or through tender process. In the instant case the unit price of medicines was fixed at much higher rate than that of the Government and no tender process was initiated. At all material point of times not only in the instant case but in several other cases the supply of medicines was obtained at a higher price during the year 2013- 2014, 2014-2015 and 2015-2016. As a result there was an excess payment to the tune of Rs.3.72 crores towards procurement of medicines as revealed from the audit observations regarding procurement of medicines. Subsequently the Health Department of Corporation submitted it's observation on Audit Observation Report. Copies of the audit observation as well as observation of the Kolkata Municipal Corporation are annexed hereto and marked collectively with letter "-3"."
(3.) In my order dated July 25, 2019 after recording the entire ambit of the dispute I had categorically asked the following to be produced ; "Accordingly, the respondents are given liberty to produce the original records of the case including the price for procurement as prescribed by the Government and documents to show that these were accepted by the respondent no.1 before June 3, 2015, if at all available and how these were communicated to the petitioner before entering into the contract and also what steps have been taken against the then Superintendent, Central Medical Stores, Kolkata Municipal Corporation as alleged by the respondents in their earlier opposition.";