VIJENDER JAIN,J - (1.) THIS order will dispose of the above mentioned two writ petitions as they involve common questions of facts and law and are the result of the common grievance which has been aired in them.
(2.) THE petitioners have impugned Notice Inviting Tender (NIT) dated 18.7.2007 issued by Punjab State Electricity Board (hereinafter described as 'the respondent-Board') for the purpose of supply of coal to Thermal Plants in the State of Punjab. It has been averred that normal practice all over the country for procuring coal for Thermal Plants by way of floating of the following two kinds of tenders :- (i) For the purpose of rendering liaison service for optimum linkage materials so that the coal can be procured from the coal field and supplied to the Thermal Plants. (ii) Liaison work for regular freight prepayment which basically is a banking function whereby a particular firm or company has to make deposit with the Rail Authority and to ensure that the payment to the rail Authorities are made on time. It has further been averred that the respondent-Board, however, has floated only one kind of tender, i.e., for rendering liaison service for optimum linkage of material. In the year 2002-03, without officially floating any tender, the respondent-Board had given the work of liaison for railway freight prepayment to the existing tenderer and this arrangement continued till the year 2006 when notice inviting tender was floated for prepayment of the railway freight for the first time. Only one company, i.e. M/S KCT and brothers Ltd. participated in response to this notice and since it was earlier catering to the needs of the respondent-Board, it was granted this contract as well.
(3.) IT has been alleged that in the year 2007, the respondent-Board combined both the tenders and issued the NIT on 16.4.2007 deviating from the normal practice and imposed an oppressive condition of minimum turn over of Rs. 250 Crores which was done ostensibly with a view to accommodate the existing operator, i.e. M/S KCT Brothers Ltd. The petitioners and other prospective tenderers represented against the said condition and as a result thereof, the same was reduced to a minimum turn over of Rs. 100 Crores as a pre- qualification and with this amended condition, the impugned NIT has been issued.;