- (1.) THE petitioners have challenged the decision of the Punjab Electricity Board-respondent No. 1 dated 18. 2. 1993 (Annexure P-6) on the ground that same is in violation of Purchase Regulations, 1981, and also in violation of Article 14 of the Constitution of India as well as violative of principle and law applicable to such decisions. Petitioners consequently sought quashing of Annexure P-6 with the further prayer that respondent No. 1-Board be directed to place order/orders on the company/companies and parties strictly on merits as detailed in Annexure P-2 to P-4.
(2.) BRIEF facts leading to filing of the present writ petition are as under :respondent No. 1-Board floated Tender Enquiry bearing No. Q-3359 for the purchase of Distribution Transformers of capacities 25 KVA, 63 KVA, 100 KVA and 200 KVA (Annexure P-1 ). In pursuance to the Tender notice, petitioners as well as respondents 2 to 21 submitted their Tenders offering different quantities and different rates. After the expiry of the date of receipt of Tenders, the Purchase Committee opened the sealed Tenders of the parties and drew up a merit-list and submitted the same to the Full Board in the form of Memorandum Annexures P-2 to P-4, which deals with the transformers of 63 KVA, 100kva and 200 KVA, respectively. Thereafter, Central Purchase Organisation sent another supplementary Memorandum No. 13/q-3359/po-V dated 16. 2. 1993 (Annexure P-8) for circumstances. The State Electricity Board keeping in view the Memorandum (Annexures P-2 to P-4) and supplementary Memorandum (Annexure P-8) examined the matter especially in the context of supplementary Memorandum, whereby the Central Purchase Committee suggested that a counter-offer be made to the parties to deliver the transformers at the revised equated rates as offered by the M/s Technical Associates (I) Ltd; Sangrur and M/s T. A. Transformers Ltd. , Lucknow. The Electricity Board considered the suggestion of the Committee and finally drew up the merit-list stipulating the quantity to each one of the parties as well as the equated rates. Pursuant to the decision of the Board (Annexure P-6), the Purchase Committee informed the intending parties by telegram as well as by registered post. Copy sent to one of the company in this regard is Annexure P-7. Vide this communication, the parties were requested to convey their acceptance by 7. 5. 1993, failing which it was to be considered as refusal on their part.
(3.) THIS action of the respondent-Board has been challenged by the petitioners on the ground that same is against the Purchase Regulations, contrary to well established principle with regard to tenders and otherwise malafide and violative of Article 14 of the Constitution of India.;