- (1.) This order shall dispose of two writ petitions bearing CWP No.11821 and 11905 of 2014 and also a contempt petition No.1954 of 2014 since identical questions of facts and law are involved in the same. For the sake of convenience, the facts are being taken from CWP No.11821 of 2014.
(2.) By filing this writ petition under Article 226 of the Constitution, the petitioner has prayed for issuance of a writ in the nature of Certiorari for quashing the order dated 29.5.2014 (P.1) whereby directions have been issued to all the Managers to ask the Contractors, who have submitted the power of attorney executed on the stamp paper having monetary value less than Rs.1000/-, for additional stamp papers of balance amount/monetary value for the tender inquiries not yet concluded i.e 22.04.2014, 05.04.2014 and 04.06.2014 and that for the upcoming new Tender inquiries, the bidders (for whom applicable) have been asked for registered power of attorneys so that the same may be incorporated in the NIT for future tender inquiries. Further prayer is for issuance of a writ in the nature of Mandamus, directing respondent No.2 to reject the tender submitted by respondent No.3. Lastly, it is prayed that during the pendency of the present writ petition, the awarding of contract to respondent No.3, as well as the operation of the impugned order dated 29.5.2014 be stayed. It is the case of the petitioner that in pursuance to the Advertisement/tender inquiry dated 22.04.2014 inviting tenders for Transport Contract, Zira, the petitioner along with respondent No.3 submitted his tender. The petitioner raised objections on the opening of technical bid on 23.5.2013 that the general power of attorney, which was submitted by respondent No.3 as stipulated in NIT/MTF is not a valid document since it has not been executed on the denomination of Rs.1000/- as per the Notification dated 03.08.2009 issued by the Punjab Government and the same is against the policy decision taken in the year 2010 as per Indian Stamp Act, 1899 (for short "1899 Act"). It is further the case of the petitioner that instead of rejecting the tender of respondent No.3 outrightly, respondent No.2 changed the earlier policy and violated the Punjab Government notification as well as provisions of 1899 Act.
(3.) The petitioner served a legal notice dated 26.5.2014 wherein it was stated that the tender of respondent No.3 should not be considered being an incomplete and invalid document. However, instead of considering the averments made in the legal notice, the impugned order has been passed thereby directing all the Managers to ask the Contractors who have submitted the power of attorney executed on the stamp paper having monetary value less than Rs.1000/-, for additional stamp papers of balance amount/monetary value for the tender inquiries.;