SURAKSHA SECURITY SERVICES Vs. PRINCIPAL SECRETARY & OTHERS

JUDGEMENT

(1.) Seeking cancellation of a tender notification dated 25.01.2014, as at Annexure-A and for return of earnest money deposit of Rs. 6,84,953/-, this writ petition was filed.

(2.) Respondent Nos.3 and 4 invited tenders through e-procurement vide Annexure-A, to provide human services, such as cooks, kitchen servants, helping hands, watchman & teaching staff, for residential schools and hostels. The petitioner and the 5th respondent submitted the bids. Technical bids were opened on 28.02.2014. Model Code of Conduct (for short 'the Code') issued in exercise of powers under Article 324 of Constitution of India, by the Election Commission of India, was enforced on 05.03.2014, in view of the scheduled 16th Lok Sabha elections and the same was in force till 16.05.2014. Financial bids were opened on 11.06.2014 and the 5th respondent became the successful bidder. 3rd respondent, approved the bid on 16.06.2014 and consequently, work order was issued on 24.06.2014. 5th respondent executed an agreement on the same day in favour of the 4th respondent.

(3.) Clause 10(4) of the tender 'terms and conditions' vide Annexure-B specifies that in the event the tender is not awarded within 90 days from the date of calling of tenders, then the tender shall stand cancelled automatically. Respondent Nos.3 and 4 having not proceeded with the tender from 28.02.2014 to 11.06.2014, after submitting letters dated 26.05.2014 and 31.05.2014 to the said respondents, asking for recalling of tender and returning of the EMD of Rs. 6,84,953/- furnished at the time of submitting the bid on 20.02.2014 and finding that the financial and commercial bids have been opened on 11.06.2014 i.e., after the expiry of 90 days period from the date Annexure-A was issued and appeal filed under Section 16 of the Karnataka Transparency in Public Procurement Act, 1999 (for short 'the Act') having not been taken up for consideration, this writ petition was filed, for grant of the said reliefs.