ALL MANIPUR PWD CONTRACTOR ASSOCIATION Vs. STATE OF MANIPUR REPRESENTED BY ITS COMMISSIONER/SECRETARY

JUDGEMENT

(1.) THE writ petitioner claims to the association of contractors working for the PWD department of the State of Manipur. They have filed this writ petition invoking our pro bono publico extra ordinary jurisdiction (PIL) under article 226/227 of the Constitution of India against the respondents - State authorities for grant of following relief in connection with one tender issued by the State for some civil work. The relief clause of the writ petition reads as under :

(2.) THE main thrust of challenge in this writ petition of the writ petitioners was against the respondent no 2 - Chief Engineer. It was contended that respondent no 2 has made some signatures on certain tender documents accompanying the tender which are forged or/and fake and it was done by him to manipulate the pricing of the work for which the tender has been invited from the public at large so that benefit would go to some of his favourites. It was contended that due to this illegal act of the respondent no 2 who is largely responsible for the execution of the work, the State would be put to losses and at the same time, someone would be conferred with certain illegal benefits flowing from the tender. This in substance was the basis for filing this writ petition and for claiming relief of quashing of the tender referred to in the relief clause.

(3.) IT is with this back ground, now the question arises as to whether any case for entertaining the writ petition in our PIL jurisdiction or even otherwise under article 226/227 of the Constitution of India is made out for quashing the Tender in question and especially on the ground on which its quashing is sought?