NEW GOLDEN BUS SERVICE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The challenge in the present writ petition is to the grant of contract to respondent No. 2 in pursuance of notice inviting tender (Annexure P-1), which was to be submitted on or before 7-2-2005.

(2.) The Excise and Taxation Commissioner, Punjab, published notice inviting tenders from the registered Taxi Stands organizations/firms dealing in hiring services of vehicles. The type of vehicle sought to be hired was mentioned as Qualis/Tata Sumo/ Scorpio with period of hire yearly/monthly. Column No. 6 contemplated quoting of yearly rate. Clause 4 of the said notice was to the effect that the rate shall be valid for a period of one year and any increase during the period of contract in the taxes and levies shall be borne by the owner at his risk and cost.

(3.) In pursuance of such advertisement, the petitioner as well as respondent No. 3 submitted tenders on 2-4-2005. Respondent No. 3 was appointed the authorised contractor for the supply of vehicles to the Excise and Taxation Department, Punjab, on yearly hire basis for a period of 2 + 1 year w.e.f. 1-5-2005 to 30-4-2007 extendable for another one year with mutual consent. Such grant of contract has been challenged, inter alia, on the ground that respondent No. 3 has quoted rates for providing the vehicle for a period of three years, although there was no such stipulation in the notice inviting tender. It is argued that if such condition was known to the petitioner, he would have also given rate for the said period. In the absence of such stipulation, the rate offered by the petitioner was for a period of one year. Therefore, the action of the respondent in awarding contract for a period of three years is not contemplated in terms of the notice inviting tenders as the contract was stipulated for one year. It is also argued that respondent No. 3 has been permitted to change vehicle Qualis, sought for in the notice, with vehicle Tavera. It is also not permissible.