ISLAMABAD: The Supreme Court on Friday directed an additional district and sessions judge (ADSJ) to decide by Monday on a stay order he granted on the bidding process for the supply of live saving medical gases to the Federal Government Services Hospital (FGSH), also known as Polyclinic.

“We directed that the matter be taken up by the said additional district judge on August 22, and if he is on leave on the said date, the vacation judge shall take up the matter and finally dispose of the same,” ordered Justice Mian Saqib Nasir, heading a three-judge bench.

The bench took suo motu notice of a case related to alleged misappropriation in the supply of medicines, oxygen and nitrogen to patients at the Polyclinic hospital.

Polyclinic says ongoing litigation hampering financial discipline, efficiency

During the proceedings, the federal government’s standing counsel, Nayyab Gardezi, submitted, on behalf of the Polyclinic executive director, a report highlighting how a July 29 stay procured by suppliers Business Developers had impeded the floating of tenders for the purchase of medical gases.

The report said Additional District and Sessions Judge (West) Sayyed Fiazan Haider upheld the status quo without hearing the second party. Earlier, during the first round of litigation, Civil Judge First Class (West) Ihtasham Alam Khan – on the application of Business Developers – had restrained the hospital management from opening or accepting tenders on July 22.

The ongoing tender had to be completed by June 30, while the hospital had to ensure the continuity of essential or life-saving medical gases.

Subsequently, the hospital management wrote to the Capital Administration and Development Division (CADD) on August 8 saying that the ongoing litigation was hampering the hospital’s ability to follow financial discipline and efficiency. As a result, they said, the hospital had been compelled to procure medical gases at the rates awarded for 2013-16, which were much higher than the current ones.

The hospital also asked CADD to allow it to challenge the court order before the high court in order to have the stay order vacated. CADD was also asked for alternative guidelines for the uninterrupted supply of medical gases. The report said the reply was still awaited.

Realising the seriousness of the matter, the SC on Friday ordered CADD Secretary Hassan Iqbal to make all the arrangements according to the rules, and ensure that nitrogen gas does not fall short at the Polyclinic.

Mr Gardezi also informed the court that through an August 18 notification the charge of Polyclinic executive director was withdrawn from Dr Iftikhar Naru, and consultant surgeon Dr I.U. Baig had been asked to look after the work.

The notification made clear that this was a temporary arrangement with no impact on the incumbent’s seniority or Polyclinic employees.

Mr Iqbal assured the court that he would submit a report in two weeks about medical facilities and a comparison between public and private hospitals in the city.

The advocates general of the four provinces were also ordered to provide details about machinery and other equipment in district headquarters hospitals and their status, showing what machinery is functioning and what is out of order.

Published in Dawn, August 20th, 2016