- (1.) Heard.
(2.) The petition has been preferred by petitioner - Sajag Upbhokta Shakti Sangthan Samiti praying for relief to quash the administrative instruction /circular No. CO/OS/P/ PSP/001/2010/2 dated 30-9-2010 and Circular No. ZD/1158/ASP/2010 dated 1-9-2010 issued by the Life Insurance Corporation of India (hereinafter be referred as "LIC") in the matter of meal vouchers or any order if any in this regard, in public interest. Prayer has also been made to quash the service agreement dated 30-9-2010 entered into by LIC with respondent No. 5 or any order deemed fit in this regard if any in the interest of justice and in public interest. It has been further prayed that respondent-LIC be directed to invite tender in the matter of its Meal Vouchers scheme in accordance with the CVC guidelines and the directions given by the Hon'ble Supreme Court in the matter of Nagar Nigam, Meerut v. Al Faheem Meat Export Private Limited, 2007 1 JT 484, in public interest.
(3.) Petitioner has given credentials in para 2 of the petition that petitioner is a society registered under the Rajasthan Societies Registration Act, 1958. Petitioner society is engaged in various social and community welfare initiatives and programmes etc. as specified in para 2(i) of the petition. Petition has been filed in the public interest alleging that LIC is spending public money to the tune of Rs. 350/- crores out of sheer favouritism. LIC is a Public Sector Undertaking constituted and owned by the Government of India and it has branches all over India. LIC has decided to introduce and implement the scheme of Meal Vouchers and provide benefit to employees and/or its associates all across the country. The meal vouchers are food coupons given by the organizations to its employees, in addition to their basic salary. These meal vouchers are issued to employees to avail food and certain other benefits like groceries etc. It is also submitted by the petitioner that it is a popular concept which has been used extensively by numerous organizations world over including India. However, petitioner is aggrieved by the manner and mode in which LIC has undertaken to implement the meal voucher scheme all across India. LIC will now spend Rs. 336 crores of taxpayers' money nationwide on food coupons. Petitioner filed an application under Right to Information Act to the LIC and CVC to obtain information contained therein, which demonstrated the, rates at which M/s. Sodexo SVC India Pvt. has been allowed by LIC to supply Meal Vouchers and details of persons/ organizations/entities /companies that have participated or that have been considered or who has approached LIC in the matter of supply of Meal Vouchers prior to allowing M/s. Sodexo SVC India Pvt. Ltd. to supply food coupons to LIC and in this manner the LIC has not followed the guidelines issued by the CVC from time to time in respect of maintaining fairness and transparency in the process of procurement. The action is in breach of Article 14 of the Constitution of India and violative of CVC directives. LIC has not given equal opportunity to all service providers in the field. Apex Court in Nagar Nigam, Meerut (supra) has laid down that there should be healthy competition by inviting tenders in the newspapers. LIC has not followed the instructions of the CVC. They are also required to comply with the process of law. Short listing the service provider for supply of Meal Vouchers to LIC smacks of mala fide collusion. LIC being an instrumentality of the State, has not acted in a fair manner in implementing the scheme of Meal Vouchers and has acted arbitrarily.;