Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2024 (11) TMI 944

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nduct. Apart from making bald allegations, the Informant has not placed on record any cogent material to enable the Commission to examine the matter. Rather, the Informant failed to provide the requisite information in spite of being accorded two opportunities. The Commission finds that no prima facie case of contravention of the provisions of Section 3(3) of the Act is made out against any of the OPs in the instant matter. Accordingly, the information is ordered to be closed forthwith in terms of the provisions contained in Section 26(2) of the Act. Consequently, no case for grant for relief(s) as sought under Section 33 of the Act arises and the said request is rejected.
MS. RAVNEET KAUR CHAIRPERSON, MR. ANIL AGRAWAL MEMBER, MS. SWETA .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... alleged that there is cartel arrangement among five individuals (OP- 1 to OP-5), officials of ESIC and 29 drug manufacturing companies through their directors/ representatives/employees and other departments directly/indirectly involved in the tendering procedure. Due to such cartel arrangement, the prices of the medicines and health care products are inflated in the procurements made by such departments. 5. The Informant further stated that it is never clear that who decides the guidelines along with the rate structure and under whose supervision the policy/rate structure is decided etc. but under influence of this alleged cartel, the guidelines and contract terms of the tender are drafted to facilitate award of tenders at over-priced st .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... needful healthcare or related items and a fresh open bidding system may be allowed under the supervision of this Commission. 9. The Informant has also prayed for grant of interim relief, inter alia, in the form of initiating enquiry into cartel, cancellation of tender allotted, appointment of monitoring committee for transparency of tendering procedure, investigation of alleged drug cartel masterminds, framing of new guidelines for better pricing. 10. The Commission considered the Information in its ordinary meeting held on 01.05.2024 and noted that the Informant has not provided sufficient details/ material to enable the Commission to examine the matter. Accordingly, the Commission decided to give an opportunity to the Informant to file .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... h e-procurement system purportedly resulting in procurement at inflated prices causing loss to public exchequer at large on one hand and increasing cost of healthcare for common man on the other. 15. The Commission further notes that in support of its allegations, the Informant has only provided an unspecified document/paper comparing the price of a dressing product - Plaster of Paris Bandage ('POP Bandage') in some 'J&K purchase order' with the purported 'ESIC purchase price'. From the same, it is noted that the price of 10cm x 2.7mtrs POP bandage in J&K purchase order is ₹20.16 rupees per unit; however, rate for the same in ESIC purchase order document is ₹405 for 10 rolls i.e. ₹40.50 per roll. From the publicly availab .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates