RELIABLE POWER SYSTEMS PRIVATE LIMITED Vs. SECRETARY TELECOMMUNICATIONS

JUDGEMENT

(1.) The 2nd respondent, namely the Chief General Manager, Telecom Stores, Kolkata, State of West Bengal, issued Notice Inviting Tenders (NIT) dated 19-5-1997, for and on behalf of the President of India, inviting sealed tenders for supply of stores namely SCR THYRISTOR CONTROLLED POWER PLANT TYPE I (A): 3000 NOS. 50V/25A (SINGLE PHASE AC INPUT) (WITH SPARES).

(2.) The petitioner was the successful bidder. Accordingly, the Chief General Manager, Kolkata, placed purchased order No. P-031/3883/8, dated 2-1-1998 on the petitioner for supply of 400 Nos. of SCR THYRISTOR CONTROLLED POWER PLANT TYPE I (A) 50V/25A (SINGLE PHASE AC INPUT) (WITH SPARES) at a basic rate of Rs.50,460.00 per unit.The petitioner accepted the purchase order and supplied the stores, and by the time, 200 out of 400 Nos. of units were supplied, according to the petitioner, the 2nd respondent, who initially fixed the basic rate of Rs. 50,860.00 per unit unilaterally reduced the basic rate to Rs. 50,460.00 per unit. After supply of the entire requirement, according to the petitioner, tests were successfully completed. Alleging that the respondents withheld the amounts due to the petitioner for the stores supplied by him, the present writ petition is filed seeking to declare the action of the respondents in withholding such amounts as arbitrary and illegal.

(3.) By a lengthy affidavit, filed in support of the writ petition, the petitioner attempts to make out a case that the 2nd respondent has unilaterally reduced the basic rate of each unit, and that he is not at fault, and as such, a writ of mandamus be issued declaring the action of the respondents in withholding the amounts due to the petitioner as illegal, arbitrary and unconstitutional.