Decided on October 06,1999



- (1.) Through the medium of this revision petition, order dated 8-4-1999 passed by the learned IVth Addl. District Judge, Srinagar (in Civil Misc. appeal title "Director Food and Supplies Deptt. v. Qazi Nazir Ahmad, against the order dated 9-10-1998 passed by Sub Judge (CJM) Srinagar) is prayed to be set aside. The appeal was dismissed by the learned Judge.
(2.) The factual matrix of the case is that on 25-5-1998, petitioner No. 2 (predecessora) invited the tenders for the supply of empty gunny bags of the year 1998-99. In terms of the notice of tender, only the registered firms/ contractors could take part of in the sale of empty bags which numbered 43,43,001. They were of different categories and lying in various godowns of the Food and Supplies Department. An approved tenders had to lift the bags from respective places. Earnest money of Rs. 10,00,000/- (rupees ten lakhs) in the shape of FDR, CDR drawn on any scheduled bank pledged to petitioner No. 2 had to accompany the tender documents. Every tender was required to reach the office of petitioner No. 2 on or before 9-7-1998 upto 2 pm. either by registered post or by personal delivery accompanied by above stated earnest money. Vide order No. DESK/Adm./GS/50/98-99 dated 8-7-1998, petitioner No. 2 extended the time for the acceptance of the tender notice upto July 20,1999 at 3 pm.It is alleged that the tenders were opened on July 20, 1998 at 2.10 pm. instead of stipulated time of 3 pm. when all the members of the Purchase Committee were not present. Tender documents of M/s Friends Traders, Shuthrashi, Srinagar and M/s. Jammu Cantonment, whole sale and General Store Ltd., Jammu were rejected being incomplete. Only four tenders were found eligible. The particulars whereof along with quoted rates by them are given below :1.Qazi Nazir AhmadRs.1064/-per 100 bags.2. M./s.Punjab Land Private Ltd.Chabal Road, Tarantaran, Amritsar, Punjab.Rs.1057/-per 100 bags.3.M/s. G.S. Traders, Mandir Road, Kapoorthala, Punjab.Rs.1046/-per 100 bags4.M/s. Lariba Enterprises Goal Market, Karannagar, SrinagarRs.1046/- per 100 bags.On 20-7-1998, one of the tenderers firm namely, Punjab Rice Land Private Limited made a complaint (vide Annexure P4) to the Secretary-cum-Commissioner to the Government of J. and K. Food Supplies and Transport Deptt. making allegation of fraud as tenders had been opened before schedule time. Similar complaint was made on 21-7-1998 (vide Annexure P4) by tenderer G.S. Traders to the Chief Secretary, J. and K. Govt. in both these complaints it was alleged that by this fraudulent conduct, loss to the tune of crores of rupees was caused to the state exchequer. Both of them had made the offers to increase the rates of quotations. Specific allegation was made that respondent was the beneficiary of such fraudulent conduct as tender was accepted in his favour by filing the quotations clandestinely at the back of other tenders.
(3.) The Government took a fresh decision to sell increased number of bags numbering 56,14,329 of different categories. The Financial Advisor and CAO, Food, Supplies and Transport Department wrote to petitioner No. 2 vide No. FS/Accounts/ E-Bags/96-97 dated 25-8-1998. In response to above communication petitioner No. 2 issued an abbreviated tender notice (Annexure P7) wherein the sale of empty gunny bags numbering 56,14,329 of different categories was shown and they were to be lifted by the approved tenderer from the places where they were lying. The tenders complete in all respects were required to reach the office of petitioner No. 2 on or before 15-10-1998 upto 2 pm. by registered post or to be delivered personally and every tender was required to accompany earnest money of rupees fourteen lakhs in the shape of CDR, FDR drawn on any schedule bank pledged to Director, Food and Supplies, Kashmir. The tender notice was issued on 29-8-1998.;

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