- (1.) Jai Durga Trading Company, Patiala Road, Sunam, District Sangrur; and R.R. Traders, Metal Merchants and Commission Agents, Burla Gate, Jagadhari, claiming themselves to be running the whole sale business of supplying the utensils, have filed this petition under Articles 226/227 of the Constitution of India seeking a writ in the nature of certiorari for quashing the tender dated 22.08.2016 (Annexure P-8) worth Rs. 100 Crores for supplying the utensil kits to the Panchayats/Clubs of the State of Punjab, floated by the respondents.
(2.) The impugned tender has been sought to be quashed on the ground that it has been floated by ignoring the recommendation dated 01.08.2016 made by the Purchase Committee, consisting of five members, whereby it was recommended that the tender be re-floated after removing the harsh condition of purchasing utensils of 304 grade sheet and "Parant" of stainless steel having 34 inches dia, to enable more traders to apply for the tender.
(3.) Initially, vide tender notice dated 30.05.2016 (Annexure P-1), the respondents floated online tenders worth Rs. 100 Crores for supply of utensil kits in the State of Punjab. They demanded the utensils of 304 Grade sheet and minimum dimension of "Parant" of stainless steel top dia 34 Inch, bottom dia 28 inch, internal height 4 inch, minimum weight 5000 gram (5 Kg.). Subsequently, on a representation dated 01.08.2016 (Annexure P-6) submitted by the petitioners and three other firms, to the respondents alleging embezzlement in the tenders, a meeting of the Purchase Committee consisting of five members was called by respondent No.2, wherein it was recommended that the tender be re-floated after removing the harsh condition of purchasing utensils of 304 grade sheet and "Parant" of stainless steel having 34 inches dia, so that more traders can apply for the tender and department can get the benefit of competition for supply of utensils at cheaper rates. Thereafter, on 05.08.2016, respondent No.2 constituted a committee, consisting of three members, to get the survey done regarding the availability of utensils of 304 grade sheet and "Parant" of stainless steel having 34 inch dia. Accordingly, the said committee submitted its report to the effect that the said utensils are not available in the market. Thereafter, after reducing the minimum qualification of supplying 2000 utensil kits to 1000 utensil kits, the respondents floated the impugned tender dated 05.09.2016 (Annexure P-8). The grouse of the petitioners is that in spite of the aforesaid recommendation and the report, instead of removing the harsh condition of purchasing utensils of 304 grade sheet and "Parant" of stainless steel having 34 inches dia, the respondents again floated the tender dated 22.08.2016 (Annexure P-8) with the same specification.;