Excelsior Correspondent
Srinagar, Oct 23: High Court in a significant decision nullified that Notice Inviting Tender (NIT) issued by the police department for supply of various types of commercial vehicles for carriage of troops and equipments for the financial year 2020-21 and directed the authorities to invite fresh tenders within a month.
The Division Bench of Chief Justice Gita Mittal and Justice Sanjay Dhar while allowing the appeal of aggrieved transport company (M/S JK Roadways) and setting aside the writ court judgment also quashed the contract relating to supply of vehicles for the year 2020-21 awarded in favour of a contractor (M/S Galaxy Transport Agency).
The Letters Patent Appeal was filed against writ court judgment dated 30.06.2020 whereby the writ petition of the petitioner/appellant (M/S JK Roadways was dismissed wherein the NIT Vide GIST of e-NIT No.01 of 2020 dated 18.02.2020 issued by the Inspector General of Police, Kashmir Zone, Zonal Police Srinagar, invited online tenders (e-tenders) from reputed transporters, registered firms/Associations for supply of various types of commercial vehicles (without fuel) for carriage of troops and equipments etc. for the financial year 2020-21 was challenged before the court.
The DB in view of legal position and bearing in mind that scope of judicial review in administrative matters, especially in those pertaining to tender matters recorded that the impugned judgment passed by the Single Judge cannot be sustained and accordingly, set aside same.
“It is well settled that public authorities while discharging public duty have to act in a transparent manner and their actions must be just, fair and free from arbitrariness as well as favouritism”, DB recorded.
The first ground urged by the aggrieved Agency before the bench was that the rejection of its tender by the official respondents is arbitrary and irrational, the appellant had submitted the particulars of 30 heavy motor vehicles thereby fulfilling the relevant condition of the NIT, according to which a tenderer was to furnish particulars of 30 vehicles, either Light Motor Vehicle (LMV) or Heavy Motor Vehicle (HMV).
On the other hand, the respondents-Police contended that as per conditions of the NIT, a firm or a tenderer was required to furnish particulars of 30 vehicles, both HMV and LMV as the list should contain particulars of both types of vehicles.
The DB after perusal of the condition laid in the NIT said, it is clear that the official respondents while formulating the tender notice have used the expression “HMV/LMV” meaning thereby that a tenderer had the option of furnishing the particulars of either HMVs or LMVs or both types of vehicles and no other construction can be given to the expression “HMV/LMV”.
Court added that if the official respondent-police desired that a tenderer must own both types of vehicles i.e. HMVs as well as LMVs, they could have easily used the word “and” in between HMV and LMV in the tender notice.
Court had held that the action of the official respondents of rejection of technical bid of the appellant-JK Roadways on the ground of non-furnishing of list of both types of vehicle is, therefore, irrational, arbitrary and perverse. “Therefore, the contention of the appellant in this regard is full of substance and deserves to be accepted”, reads the judgment.
Trending Now
E-Paper
Follow our WhatsApp channel