"It is most unfortunate that the respondent (All India Institute of Medical Sciences) has failed to file the counter affidavit despite grant of sufficient time," said a bench of justices Sanjay Kishan Kaul and Rajiv Shakdher and asked AIIMS to file its within three weeks.
"Counter affidavit be now filed within three weeks, subject to the payment of Rs 10,000 as costs. It is open to the AIIMS to recover the cost from the delinquent officer responsible for the delay in filing counter affidavit as the counsel stated that public money is involved," said the bench.
The order came on a petition by M/s Prehari Protection System Private Ltd (PPSPL), seeking withdrawal of the tender notice, issued by AIIMS on March 1, inviting bids from various firms for deployment of security guards at the hospital premises here.
It was alleged by PPSPL that it had provided security at AIIMS for last three years and its services were terminated arbitrarily by the administration on December 26 last year.
Later, AIIMS issued a fresh tender for the purpose on March 1 and inserted "unwarranted, unreasonable and malafide" terms to debar PPSPL from participating in the bidding process, said the plea, filed through lawyer Karan Singh.