HC raps authorities over tender process

Says Transparency in Tender Rules were not followed

January 29, 2015 12:00 am | Updated 05:44 am IST - MADURAI:

The Madras High Court Bench here has come down heavily upon Dindigul district administration for not following provisions of Tamil Nadu Transparency in Tender Rules, 2000, while calling for tenders to set up shops and entertainment galleries behind Kottaimariamman Temple during the Masi festival to be held between February 12 and March 3.

Justice B. Rajendran said, “The respondent (Dindigul Collector) shall keep in mind that every penny collected by way of contract is revenue for the government and the said amount is spent for the welfare of the people at large and prosperity of this country. This court cannot shut its eyes to the action of awarding tenders in a casual manner like the case on hand.”

The observations were made while disposing of a writ petition filed by an unsuccessful bidder who claimed that he was ready to offer Rs.25 lakh for the contract but the officials were bent upon awarding it to an individual who had offered only Rs.20.05 lakh. Finding force in his contentions, the judge quashed the tender notification issued by the Collector on December 31.

He pointed out that the Collector had given only 11 days time for submission of tender though the Tamil Nadu Transparency in Tender Rules mandated grant of 15 days. The time limit could be reduced only if had been authorised by an authority superior to the tender inviting authority for reasons to be recorded in writing. But no such authorisation had been obtained in the present case.

The judge also pointed out that the grant of contract for the annual Masi festival in the temple had a chequered history with the district administration having granted the contract to an individual last year without issuing a tender notification. A Division Bench took serious note of the irregularity and criticised the officials for causing loss to the public exchequer.

Since the festival last year had concluded by the time the matter could reach the Division Bench, it had directed the Collector to recover deficit amount of Rs.6.03 lakh from the individual who had been given the contract. But the money had not been collected so far. “The tenor of that order has not been taken into account once again by the careless attitude of the officials this year too,” Mr. Justice Rajendran said.

After perusing the files related to the tender floated for the festival this year, the judge doubted if the process had taken place fairly since reportedly only three people had participated in the process and all three of them had quoted amounts that increased exactly by Rs.500.

“The district administration had granted the contract to an individual last year without issuing a tender notification”

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