PRIYA ENTERPRISES Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The respondents, Delhi Police, had invited tenders for supply of tents and other allied items on hire basis in August, 2001. The petitioners alongwith some others submitted their bid. The tenders were opened on 6th September, 2001 and the bid of the petitioners was found to be lowest. The difference between their bid and the second lowest, namely, M/s. Punjabi Tent House was to the extent of 40 per cent. The petitioners were, however, not favoured with award of the contract immediately. Instead two officials of the respondents visited the godown of the petitioners with a view to check the stock position. It is the allegation of the petitioners that they gave false and baseless report indicating that the petitioners have only 50 tents in their stock while as a matter of fact more than 500 tents were lying there at that time. It is also alleged that this false inspection report was submitted at the instance of the petitioners competitor. In these circumstances, the petitioners made a complaint on 25th October, 2001 to the respondents. Some other person had also made a complaint. This led to the constitution of a fresh purchase committee headed by a Joint Commissioner of Police and three officers of the rank of Deputy Commissioner of Police. This committee inspected the matter thoroughly and recommended that the petitioners be awarded the contract. Still, the contract was not awarded and this forced the petitioners to file CWP No. 3762 / 2002 in this Court and on 7th June, 2002, show cause notice was issued by the Vacation Bench. However, when the matter was listed on 23rd July, 2002 it was informed that the respondents had started re-tendering process. The petitioners, in these circumstances, withdrew the said writ petition with liberty to file fresh petition questioning the same. Granting this liberty to the petitioners, the said writ petition was dismissed.

(2.) The petitioners have now filed the present writ petition questioning the action of the respondents in cancelling the earlier contract and re-tendering the same. The prayers made in the writ petition are to the following effect: (i) issue writ of mandamus directing the respondents to award the contract for tents and other items to the petitioners for a period of one year from the date of award of the contract on the terms and conditions of the year 2001; (ii) issue the writ of certiorari for quashing entire process of re-tendering issued on 15th July, 2002; (iii) to issue proper writs and directions for getting the entire matter probed by independent agency i.e. Central Vigilance Commission who may be directed to fix the responsibility for the serious lapses committed by some officials of the respondents; (iv) to issue writs and directions for inflicting severe punishment and penalty on the officials of respondents found guilty of such gross misconduct and dereliction of duty; (v) to issue such other writs and directions for compensating the petitioner for the loss, pain and agony suffered by them.

(3.) It is alleged in the writ petition that even after high level purchase committee consisting of Joint Commissioner of Police and three Deputy Commissioners of Police recommended the award of contract to the petitioners, the respondents had acted at the behest of M/s. Punjabi Tent House in mala fide and arbitrary manner. It is further alleged that in the fresh notice inviting tender issued on 15th July, 2002, certain terms and conditions have been changed with the sole objective to oust the petitioners from even responding to the said notice inviting tender. In this respect it is contended that the following terms are changed/added arbitrarily: (a) Earnest money has been increased from Rs. 60,000/- to Rs. 10,50,000/-. (b) The condition of past performance of the last three years with various Government departments has been imposed. (c) New condition of banning collaboration with other parties is introduced.