High Court Kerala High Court

John K.J. vs The Deputy Chief Engineer on 30 September, 2008

Kerala High Court
John K.J. vs The Deputy Chief Engineer on 30 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12592 of 2007(Y)


1. JOHN K.J., S/O JOSEPH,
                      ...  Petitioner

                        Vs



1. THE DEPUTY CHIEF ENGINEER,
                       ...       Respondent

2. KERALA STATE ELECTRICITY BOARD,

                For Petitioner  :SRI.KRISHNA PRASAD. S

                For Respondent  :SRI.P.P.THAJUDEEN, SC, K.S.E.B

The Hon'ble MR. Justice V.GIRI

 Dated :30/09/2008

 O R D E R
                        V.GIRI, J.
       -------------------------
               W.P.(C).No.12592 of 2007
       -------------------------
        Dated this the 30th day of September, 2008.


                      JUDGMENT

Pursuant to a notification issued by the

first respondent inviting competitive tenders

for providing vehicles to the officials of the

Electricity Board on a contract basis, the

petitioner submitted a tender. Apparently,

though the petitioner was the lowest tenderer

then, the Board was not in a position to award

the tender in his favour, because the amount

quoted by the petitioner was even higher than

the rate, which had been fixed by the Public

Works Department in the Government. It seems

that the circular issued by the Government and

adopted by the Electricity Board, Ext.P7,

provided that the Board shall not accept the

rates higher than the rate, which was stipulated

by the Government. There were two further

tenders like this. On both the occasions, the

petitioner was the lowest tenderer or the only

tenderer.

2. The matter being so, a tender notice

was issued for the 4th time on 16.7.2007. The

petitioner did not participate in the tender and

W.P.(C).NO.12592/07

:: 2 ::

two other persons participated and rates quoted

by both of them were lower than the rates

stipulated by the Government. The Board,

therefore, was desirous of proceeding to

finalise the said tenders and accordingly an

application has been filed as I.A.No.11900/08

seeking permission of this court to do so.

3. The writ petitioner has filed a

counter affidavit to the said application

pointing out that both the persons, who had

participated on the latest occasions, have

withdrawn their offers. One of them filed a case

before the Consumer Disputes Redressal Forum

also. If that be so, the only remedy available

to the Board will be to either accept the

quotation given by the petitioner or go for a

fresh tender, as the case may be.

In my view, if the two persons, who have

quoted rates below the rates fixed by the

Electricity Board still affirm their offers,

then it is open to the Board to finalise the

said tender. But then, the Board is bound to

award the work to the lowest tenderer therein.

If, as the writ petitioner contends, the

W.P.(C).NO.12592/07

:: 3 ::

aforementioned two persons have withdrawn, then

fresh tenders may be invited, in which case, the

petitioner shall be entitled to participate in

the same. In the facts and circumstances, the

petitioner may be permitted to participate on

the strength of the Earnest Money Deposit, which

has not been refunded to him, so far. The entire

process, as outlined above, shall be completed

within one month from the date of receipt of a

copy of this judgment.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. To Judge