LAWS(KER)-1975-10-1

K T ABRAHAM Vs. DIVISIONAL FOREST OFFICER MALAYATTUR

Decided On October 06, 1975
K.T. ABRAHAM Appellant
V/S
DIVISIONAL FOREST OFFICER, MALAYATTUR Respondents

JUDGEMENT

(1.) Petitioner is same in these petitions; so also respondents 1 and 2, viz., the Divisional Forest Officer, Malayattoor and the Conservator of Forests, Trichur, respectively. 1st respondent issued Ext. P1 (in the earlier petition) notification inviting tenders in respect of some forest work; petitioner submitted a tender in time, and it is common case that his was the lowest quotation. However the same was not accepted, nor any of the other tenders some of which were submitted admittedly beyond the stipulated time. The 2nd respondent as per Ext. P2 (in the latter petition) directed the 1st respondent to 'retender'. It is the petitioner's case that respondents are bound to accept his offer and conclude the contract instead of calling for fresh tenders.

(2.) The 1st respondent submitted to the 2nd respondent the tenders received pursuant to Ext. P1 notification together with a report recommending the acceptance of petitioner's tender; he (the 1st respondent) on receipt of some tenders after the stipulated time, sent to the 2nd respondent these tenders along with a 2nd report suggesting rejection of these post offers. One of the post offers was by one C. C. Ulahannan and Sons, who is not a party to these petitions. They as per a letter dated 14-2-1975 (last date for receipt of tenders was 12-2-75) offered to do the work at 88% of the standard rate as against 93% offered by the petitioner. By Ext. R2 (in O. P. 1603/1975) dated 26-2-1975 they reduced the rate to 87%.

(3.) Though the 2nd respondent on receipt of the reports and tenders "solicited orders" of the Chief Conservator of Forests, forwarding the reports and the tenders to him, the latter directed the 2nd respondent to decide the matter himself. The 2nd respondent thereupon decided not to accept any one of the tenders and directed the 1st respondent to invite fresh tenders by Ext. P2 proceedings as already mentioned.