BHUPINDER MINHAS Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Even though on 12th May, 2003, we had observed that Mr. Thakur, learned Senior Central Government Standing Counsel shall convey to us his and his clients responses with respect to the impugned disqualification Clause in the Notice Inviting Tender in question (NIT, for short) in the light of the judgment passed by a Division Bench of this Court on 25th July, 1995 in CWP No. 33 of 1995, today when the matter came up for consideration Mr. Thakur submitted that he is not in a position to convey any particular response, either of himself or on behalf of his clients and that the Court may pass the order itself on the merits of the case.

(2.) Tenders were called by the General Manager Telecom District Solan on behalf of Bharat Sanchar Nigam Ltd. from experienced and financially sound contractors for laying of under-ground optical fibre cable and other associated works in Rampur-Subathu route at an estimated cost of Rs. 5 lacs. The last date for receipt of the tenders was 22nd January, 2003. The Petitioner submitted his tender pursuant to the NIT and in the requisite column, he also made a declaration that his brother was working as J.T.O. (Junior Telecom Officer) in Bharat Sanchar Nigam Ltd. (BSNL) Circle Solan. In the terms and conditions of contract (Section-II to the NIT), there was a special clause, which stipulated that a company or a firm or any other person was not permitted to tender for works in any BSNL Unit in which his near relative was posted. The relevant extract of this clause reads thus:

(3.) It was on the basis of the aforesaid special clause that the Petitioner's tender was not accepted even for being processed as the Respondents were of the view that because the Petitioner's brother was employed as J.T.O., in view of the aforesaid prohibition the Petitioner was not eligible for being considered as a tenderer for the aforesaid work.