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.
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W.P.(C).No.12592 of 2007
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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
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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withdrawn their offers.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
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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/
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P.S. To Judge