L.K. PANT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The letter, addressed by Mr. L.K. Pant and Mr. Sanjay Agarwal, has been treated as a Writ Petition (Public Interest Litigation). Along with their letter, the applicants had enclosed copies of various representations which they had submitted to various authorities, pursuant to which an Enquiry Committee was constituted which, after conducting an inquiry, had submitted its report.

(2.) The said enquiry report discloses that a tender notification was issued in 'Amar Ujala' newspaper on 20.10.2007 fixing the closure date as 02.11.2007. However, on the ground that no tender forms were received before the closure date, the period for submission of bids was extended till 07.02.2009 without publishing any such information in any newspaper or in the website. The work, for construction of the Hari Prasad Tamta Dhramshala, the Triloki Nath Pant Dharamshala, the Truck Stand-cum-Town Hall and the NTD Children Park, at an estimated cost of Rs.4.8 crores, is said to have been awarded to Kiri Associates, New Delhi, though the lowest bid was that of National Project Construction Ltd. Dehradun. Even without the approval of the Nagar Palika, a cheque for Rs.49,30,800/- is said to have been released in favour of Kiri Associates, New Delhi as mobilization advance.

(3.) The applicants also alleged that, though Rule 13(1) of the Uttarakhand Procurement Rules, 2008 requires tenders above Rs.25 Lakhs to be published in two widely circulated newspapers, such directions were not complied with; the Government Order dated 27.04.2007 was ignored; and though for tenders, of an estimated cost of more than Rs.2.00 crores, a two-bid tender process system is prescribed, such a procedure was also not followed.