A division bench comprising Justices Dalveer Bhandari and M K Sharma asked the Health secretary to reply within four weeks on why action was not taken on the Justice N C Kochhar Committee Report, recommending a CBI probe into the case and registration of a first information report.

The notice was issued on an application by the People's Union of Civil Liberties (PUCL), which had filed a public interest litigation seeking a thorough probe into the purchase of IV fluid worth Rs 50 lakh by Safdarjung Hospital in 1993, the use of which caused the death of two patients and infection to others.

The Kochhar Committee had also recommended transfer of some Health Ministry officials indicted in the report, so that no ``hindrance'' wascaused into the CBI investigation.

PUCL counsel Prashant Bhushan, in a contempt application, submitted that the respondent had ``wilfully flouted'' the September 5, 1997 court directions appointing the panel and asking it to suggest action in the matter.

The panel had come to the conclusion that ``contaminated IV fluid'' was allegedly purchased at an exorbitant price during the tenure of the then medical superintendent P C Rai, to whom the Director General of Health Services (DGHS) had even served a departmental chargesheet.

The court had specifically directed the Kochhar Committee to fix responsibility on the concerned officials of the Health Ministry and DGHS in the case, including those who did not take action despite two departmental and one CBI inquiries earlier.

The panel was also asked to determine what action was taken by the Government against officials of the Ministry, DGHS, drug controllers and Safdarjung Hospital, who were allegedly involved in the scam.

The Kochhar Committee had primafacie named Dr Rai and the then joint secretary (Health), Shailaja Chandra, among others allegedly responsible for the purchase of ``contaminated IV fluid'', the petitioner pointed out in the contempt plea.

Bhushan claimed there was a clear case of the contempt of court as the Ministry failed to take action against the officials despite the committee submitting its final report on October 15 to the health secretary. The matter will come up for hearing on February 2, 1999.