ASHIM KUMAR SARKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner herein was a Lower Division Clerk in the Rifle Factory at Ichapur and was posted in the Purchase Department at the relevant time.

(2.) The Respondent authorities herein issued a tender being T.E. No. D-9900002117 which was due to be opened on 27th March, 2000. The interested parties submitted the tender documents in a sealed cover and dropped the same in a tender box which was opened on 27th March, 2000 in presence of the Works Manager along with other two departmental officers. After opening tender box it was found that only four quotations were received in respect of the aforesaid tender being T.E. No. D-9900002117. The authorities concerned thereafter, decided to defer the opening date of the tender in question till 3rd April, 2000 and the Petitioner was, therefore, asked to put the sealed envelops containing the tender papers of the respective parties in the tender box.

(3.) From the records of this case we find that on the basis of one unanimous letter and a telephonic intimation, Joint General Manager and Vigilance Officer inspected the drawer and the locker of the Petitioner on 29th March, 2000 when it was found that the drawer was kept open whereas the official locker (Almirah) was in locked condition. It also appears from the records that the Petitioner was thereafter, asked to bring the key of the locker on the next day and the locker in question was sealed by the said officer. On the following day i.e. on 30th March, 2000, the locker was opened by the Joint General Manager and Vigilance Officer when it was found that the tender files along with the aforesaid envelops containing tender documents in relation to the tender in question being T.E. No. D-9900002117 were found in the locker of the Petitioner although the said Petitioner was asked to put the aforesaid tender envelops into the tender box since the opening date of the tender was deferred to 3rd April, 2000. According to the Petitioner, he was not aware how those envelops were kept in his locker.