- (1.) THIS petition has been filed impugning the NIT No.RSO/LPG/PT/TPT/AJM/2012-14/05 issued by the respondent-IOC in the State of Rajasthan on the ground that condition No.1.21 in the aforesaid NIT requiring that the trucks offered by the bidders must have an Anti-lock Braking system (ABS) is arbitrary and discriminatory inasmuch as such condition has not been included in the tenders floated for transportation of packed LPG cylinder by the respondent-IOC in the State of Orissa.
(2.) CONDITION No.1.21 in the impugned tender documents mandates that the trucks offered for transportation of packed LPG cylinder Ex IOC's Bottling Plant at Ajmer must have an Anti-lock Braking system (ABS) as per IS 11852:2003 (part 9) in respect of all trucks manufactured on or after 01.10.2006. Conversely trucks offered without the said ABS as per specifications detailed could not be inducted by the IOC in the transportation of packed LPG cylinders from its Ajmer bottling plant. It has been submitted that the tender documents for the transportation of the same goods by IOC in the State of Orissa do not include any provision for Anti-lock Braking system (ABS) as mentioned in tender documents of Rajasthan. According to the petitioner-Firm, the aforesaid fact constitutes discrimination vis a vis the owners of the trucks in the State of Rajasthan as against the owners of the trucks in the State of Orissa violative of Article 14 of the Constitution of India. It has been submitted that the trucks of the petitioner-Firm are installed with speed limit governors which restrict the speed of the trucks to 40 Km. per hour consequent to which the trucks are carefully driven with bleak chances of accident on account of over-speeding. The case of the petitioner-Firm is that its 6 wheel trucks are otherwise capable of transporting LPG cylinders at competitive rates in a safe manner even though they are without Anti-lock Braking system (ABS). It is submitted that in the event the petitioner-Firm were to install the said ABS, it will loose warranty in respect of newly purchased 6 wheels trucks from Ashoka Leyland. It has been submitted that in the obtaining situation of discrimination against the trucks' owners with trucks without ABS, representations by the petitioner-Firm along with eight other transporters were submitted to the Dy. General Manager, IOC, Jaipur requiring modification of condition No.1.21 in the tender documents in issue and exclusion of the requirement of ABS – purportedly as in IOC's NIT for the same purpose in the State of Orissa – as a mandatory condition for the induction of trucks by IOC for transportation of packed LPG cylinders from its Ajmer bottling plant. But to no avail. In the aforesaid facts, it has been prayed that the writ petition be allowed and condition No.1.21 of NIT No.RSO/LPG/PT/TPT/AJM/2012-14/05 effectively qualifying only trucks' owners with ABS in their trucks as eligible for transportation of packed LPG cylinders be declared to be arbitrary and discriminatory and the respondent-IOC be directed to consider the trucks without ABS, offered by the petitioner-Firm for transportation of packed LPG cylinder from its Ajmer Bottling Plant. Reply to the petition has been filed by the respondent-IOC. Ms. Suruchi Kasliwal, appearing for the respondent-IOC, has submitted that the trucks required by the respondent-IOC in the State of Orissa for transportation of packed LPG cylinders are also mandatorily required to have Anti-lock Braking system (ABS). It has been submitted that in respect of engagement of similar trucks for transportation of packed LPG cylinder in Orissa, general guidelines have been issued which form an integral part of the tender floated in Orissa by the respondent-IOC. She submits that the "General Guidelines " reveal that "the transporter will ensure that specified INDIAN OIL LOGO, Safety Instructions and colour Scheme etc. are pained/pasted/installed on the body of the truck(s) as prescribed by the Corporation and also comply with all the Instruction as directed by the corporation from time to time including Notices regarding classification of Cargo in accordance with the Central Motor Vehicle Act, 1988 and all amendment thereto. " It has been submitted that under the said guidelines requiring mandatory compliance with the Rules of 1989, trucks with ABS are alone eligible for transportation of packed LPG cylinders even in Orissa. It has been submitted that aside of the aforesaid, condition No.1.21 of the NIT No.RSO/LPG/PT/TPT/AJM/2012-14/05 is based on Rule 96(9) of the Central Motor Vehicle Rules, 1989 (hereinafter 'the Rules of 1989'). Rule 96(9) aforesaid reads as under : 96(9) The following category of vehicles shall be fitted with Anti-Lock Braking System conforming to IS:11852:2003 (Part 9): (i) N2 and N3 category of vehicles other than tractor-trailer combination manufactured on and after the 1st day of October, 2006 meant for carrying hazardous goods and liquid petroleum gas;
(3.) IT has been submitted that in view of the Central Motor Vehicles Rules, 1989, quoted above, the Central Government has made it mandatory for every hazardous goods and / or LPG carrying vehicle to have Anti-lock Braking system (ABS). It has been further submitted that Rule 96(9) of the Rules of 1989 incorporated as condition No.1.21 of the impugned NIT is not in any manner whatsoever related to the order of this Court passed in May, 2012 laying down the speed limit restricting the speed of vehicle to 40 Km. per hour and the same is a statutory imperative clearly independent of the direction of this Court. It has been submitted that the respondent-IOC is not under an obligation to induct 6 wheels truck manufactured by Ashoka Leyland inasmuch as there are several manufactures of 6 wheels trucks that provide facility of Anti-lock Braking system along with the truck. Further the petitioner-Firm is free to install ABS in its trucks. In the context of the reply, it has been prayed that the writ petition is without force and therefore liable to be dismissed.;