Court sets aside TASMAC’s tender notice

March 02, 2010 01:56 am | Updated 01:56 am IST - Chennai

The Madras High Court has set aside a TASMAC notice issued in January calling for participation in a tender for sale of eatables and collection of empty bottles in 254 IMFL outlets in Erode district from March this year to February 28 next year.

In his order, Justice P. Jyothimani held that the process of tender was not in accordance with the Tamil Nadu Transparency in Tenders Act. He granted liberty to TASMAC to reissue the tender notice in accordance with the Act and rules and proceed accordingly.

In their petition, M. Saravanan and nine others challenged the tender notice issued by the District Manager, TASMAC, Erode, on January 20. They contended they were not issued the tender forms. The notice was published in two Tamil newspapers, which did not have wide circulation to prevent more persons from participating in the tender. The last date for submitting the filled-in tender forms was February 3. It was in violation of the Act and its rules, which contemplated a minimum time of 15 days between the date of publication of the notice and the last date for submission of filled-in forms.

Mr. Justice Jyothimani said in the present case, by any calculation, the interregnum period would not go beyond 12 days.

There was also nothing on record to show that the Managing Director, TASMAC, who was the supervisory authority, had reduced the time contemplated under the rules.

There was certainly a violation of the rules.

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