JUDGMENT : Ajit Singh, J. The petitioner-Sri Pabitra Hazarika-is a member of an NGO-Human Rights Law Network, Guwahati Chapter-who sought for registration of this Public Interest Litigation (PIL, in short) alleging illegal sale of pacemakers in private hospitals in Kolkata, which were meant for Below Poverty Line (BPL) category patients in the Gauhati Medical College & Hospital as per a scheme of the Government. 2. It has been alleged that some of the pacemakers which were supplied by one Canon Devices Pvt. Ltd Kolkata, amongst 202 numbers of pacemakers @ Rs. 49,500/-, pursuant to NIT floated in the year, 2010 and sanctioned vide letter dated 26/02/2010 of the Director of Health Services, Assam, were illegally sold in private hospital in Kolkata. Therefore, it was prayed that some action may be taken against the persons/officers indulging in those illegal/corrupt practices. 3. The Respondent No.1-Commissioner and Secretary, Health & Family Welfare Department, Government of Assam, has clarified in his affidavit-in-opposition that the Superintendent of Police, CID, Assam caused an inquiry into the aforesaid allegations and it has been reported vide an interim-report that although Government of Assam decided to procure and stock only single chamber pacemakers (Model-SES01, Sensia SII, Pacing system with lead and PLI), on clinical/medical reasons, as requested by the doctors, superior quality pacemakers were used on few occasions as per demands of patients and supplier issued the required variety of superior pacemakers which was higher in cost than the supplied single chambered pacemakers. When the stock of 202 pacemakers were delivered by the supplier, the said supplier, in lieu of eight super quality pacemakers issued by him on loan to tide over the emergency request made by the Cardiologists of Gauhati Medical College & Hospital, recouped fourteen pacemakers from the Government stock and also collected certain amount of money from those patients to cover and adjust to the cost of eight superior pacemakers. The said fourteen pacemakers were subsequently found to be implanted in patients at West-Bengal through some private hospitals. The said interim-report forms part of the affidavit as Annexure-A. 4.
The said fourteen pacemakers were subsequently found to be implanted in patients at West-Bengal through some private hospitals. The said interim-report forms part of the affidavit as Annexure-A. 4. The Special Superintendent of Police, CID, Assam vide a final report dated 11/12/2016 has further clarified that the although there were certain deviations in the process and procedure of stocking and utilization of pacemakers meant for the patients under the free pacemaker implementation scheme of the Government of Assam, there was no illegality or lack of bonafides by the authorities concerned. We have also heard the Superintendent of Police (CID), Assam, who is also personally present. 5. Upon hearing the parties and upon perusal of the records, we do not find any reason to keep the PIL pending, any further. The reports clearly reveal that although there were some irregularities in maintenance of stock and distribution of the pacemakers, no prejudice has been caused to the beneficiaries. In fact, the beneficiaries were implanted with better quality pacemakers. Both the reports submitted before us, the findings of which are supported by affidavits, is exhaustive and based on records. Therefore, we are not of the view that any further inquiry would unearth any further anomalies inconsistent with these reports. Accordingly, with the above observations, the PIL stands disposed of.