SANIBHA KHONGLAMET Vs. NORTH EASTERN INDIRA GANDHI REGIONAL INSTITUTE OF HEALTH AND MEDICAL SCIENCES

JUDGEMENT

(1.) The brief facts of the case, as can be culled out from the materials before this Court is that on 30/4/2019, the medical consumables of the petitioner comprising of 'stents' required for the purpose of heart surgery was seized and confiscated, when the same was being brought into NEIGRIHMS to be used in the treatment and surgery of a patient who was admitted there, as these materials were not available in the pharmacies within the hospital. Thereafter, on 2/5/2019, a seizure list of the said materials was issued by the Vigilance Officer of NEIGRIHMS. The petitioner lodged an FIR being aggrieved with the action of the respondents and also made a representation before the Vigilance Officer on 18/6/2019, and as no action was taken thereon, had approached this Court by way of WP(C) No. 469 of 2019, which was disposed of with a direction that the representation be decided within two weeks from the date of receipt of the order. The said representation thereafter was disposed of, on the ground that there was no clear-cut directions to the Vigilance Officer in respect of the materials in custody, and as such, the status quo continued and the materials remained in the custody of the respondents.

(2.) It has been contended by the petitioner that, the seizure and confiscation of the materials was without due process of law, and was without any authority as no illegal act had been committed by the petitioner. It has also been contended that the reason for non-release of the materials was that the respondents were still awaiting specific directions from the Vigilance Division of the Ministry of Health and Family Welfare with regard to the matter. It is therefore prayed that, the materials which are perishable and may be beyond the expiry date be released immediately and the respondents be directed to make good the loss that has been suffered by the petitioner.

(3.) The respondents in reply on affidavit have averred that no permission had been given to anyone to sell stents or pace-makers within the institute nor authorized any person to give permission for the same. It has also been averred that the petitioner was heard, but in respect of the materials/consumables in the absence of any clear-cut directions from the CVO, Ministry of Health and Family Welfare, Govt. of India, or Central Vigilance Commission to the Vigilance Officer of NEIGRIHMS, nothing would be done, and as such, this status quo continued. It is however, fairly submitted by the learned senior counsel for the respondents that the Court may pass appropriate orders as the matter has landed in a deadlock.