JUDGEMENT
SANJAY KISHAN KAUL -
(1.) THE Haryana Roadways Engineering Corporation, Gurgaon (for short, 'HREC') floated a tender for fabrication of all metal bus
bodies and job work in the month of June, 2013. These tenders were
opened on 20.6.2013. However, M/s Ganesh Enterprises made a
complaint on account of its inability to participate in the tender for
shortage of time amongst others on 21.6.2013. The Director General,
State Transport, Haryana nominated the General Manager, Haryana
Roadways, Rewari to conduct an enquiry on 3.7.2013 and post the
enquiry, the tender allotment was scrapped. It is the say of the
petitioner that one of the findings arrived at was that M/s Dinesh
Enterprises, respondent No.3 herein, did not fulfil the requisite
qualifications.
(2.) A fresh tender was, thus, floated in August, 2013 with the last date for filing the tenders on 10.8.2013. Now, the petitioner
complained on 12.8.2013 that it was not permitted to submit a tender
before the last filing date of 10.8.2013. This tender was also scrapped.
A fresh tender was once again floated in September, 2013 fixing the last date as 10.9.2013 for submission of tenders on which
date the technical bids were opened. On 13.9.2013, the petitioner
claims to have made a complaint regarding the eligibility of respondent
No.3. Despite this, the financial bids are stated to have been opened
on 27.9.2013 and on 1.10.2013 the Board of Directors approved the
allotment of the tender in favour of respondent No.3.
(3.) THE petitioner filed Civil Writ Petition No.22103 of 2013, inter alia, making a grievance about the non disposal of its
representation as also against the allotment of the tender which was
disposed of on 5.10.2013 with direction to the respondent -authorities
to decide the representation submitted by the petitioner within one
week and not to allot the tender to respondent No.3 till this
representation was decided and for a week thereafter. However, the
tender is stated to have been allotted to respondent No.3 on 5.10.2013
itself.;
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