Allahabad HC Dismisses As Non-Maintainable Plea Alleging UP Govt Of Committing Irregularities In Procurement & Supply Of PPE Kits [Read Order]

The petition was dismissed as non-maintainable by a division bench of Justice Pankaj Kumar Jaiswal and Justice Rajesh Singh Chauhan.

The Provincial Medical Service Officers (R) Welfare Association had moved the High Court stating that UPMSC, which is the nodal agency in the state for procurement and distribution of drugs, equipments and other consumables, had supplied sub-standard PPE kits to the hospitals.

As per the Petitioner, the length of PPE kits that were supplied were in the range of 3.45 ft to 4.45 ft, which is less than the average length of a person in the country. Besides, the strings of the PPE kits broke in many cases leaving the doctors exposed to the danger.

The Petitioner also drew the attention of the court towards a letter, allegedly addressed by the Director General of Medical Education (DGME) to all the Medical Colleges in the state, warning them about the faulty PPE kits.

In this backdrop, the Petitioner-Association had sought that an "in-depth independent audit" of the UPMSC be conducted. It had also sought certain reliefs to ensure that PPE kits of prescribed standard are supplied to the frontline health workers.

The petition was however dismissed by the Court on noting that the Petitioner had not made any representations before the concerned authority, prior to approaching the court.

"From the record, it is evident that the petitioner has not filed any representation with regard to grievances which have been raised in the present writ petition. If the petitioner has any grievance with regard to irregularities in supplying the medical equipments, he ought to have filed representation to the concerned authority for redressal of his grievance," the bench said and dismissed the petition.

Case Details:

Case Title: Provincial Medical Service Officers (R) Welfare Association v. State of UP & Ors.

Case No.: Misc. Bench No. 7967/2020

Quorum: Justice Pankaj Kumar Jaiswal and Justice Rajesh Singh Chauhan

Appearance: Advocates Dr. Nutan Thakur and Raghvendra Kumar Saini (for Petitioner); Additional Chief Standing Counsel Amitabh Roy and Advocate Abhinav Narain Trivedi (for Respondents)

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