B 2 COMPUTERS KARGIL Vs. STATE

JUDGEMENT

(1.) THIS petition is filed on 27th of April 2007 seeking the following reliefs:

(2.) BRIEFLY stated the case of petitioner is that he is an engineering graduate and as he could not secure Government job, in order to sustain himself launched business of dealing with computers and its accessories under the name and style of "b-2 Computers kargil". A tender notice was issued by Dy. Commissioner/chief Executive Officer LAHDC kargil bearing No. CMO-K/acctt-24/2005 dated 05. 09. 2006, wherein and where-under sealed tenders were invited from the manufacturers, or registered/authorized dealers for supply of computer sets with accessories required by the office for the year 2006-07, as shown in annexure "a" of the said tender notice. The last date for receipt of tender (s)was fixed as 22nd of Sept. 2006 up to 2 PM. The petitioner responded to the tender notice and submitted all his documents to the competent authority. The tenders were opened on 23rd of sept. 2006 by the Accounts Officer posted in the Office of Dy. Commissioner Kargil. The tender according to petitioner were neither accepted nor rejected and petitioner claims that in-fact no decision has been taken by Dy. Commissioner/chief Executive Officer Kargil till the date of filing of the writ petition. Further the grievance of petitioner is that respondent No. 1 did not take any decision in respect of tender notice dated 5th Sept. 2006, and the said authority was approached by filing of applications as also by making oral requests for taking decision in the matter. The petitioner further submits that Principal Degree College Kargil floated tender for supply of computers and other connected accessories vide tender notice No. GDC-K/acctt-12/333-50 dated 10th August 2006. Petitioner having responded to the said tender notice was allotted work for supply of computers to the said Decree College. The petitioner further submits that following departments i. e District Industries Central, Kargil; chief Education office Kargil; Tourism Department Kargil; Handicraft Department Kargil; District hospital kargil; Weights and Measures Department Kargil; Chief Medical Officer Kargil and assistant Labour Department Kargil also required computers but for purchase of computers tenders were not floated and in cruel disregard to the settled norms the supply orders were issued in favour of respondent No. 6 and this act of the official respondents has infringed constitutional rights of the petitioner. The petitioner further states that he made all efforts to obtain copy of supply order issued in favour of respondent no. 6 but same was not provided to the petitioner by the Dy. Commissioner Kargil for malafide reasons. The petitioner, however, submits that one such supply order issued by general manager District Industries Centre Kargil dated 21st Nov. 2006 was obtained by him which has been placed on the writ record as annexure "f". The petitioner submits that he was denied opportunity to participate in the process for securing supply orders as the official respondents did not resort to the tender process but issued the supply order arbitrarily and illegally in favour of respondent No. 6. The respondent No. 3 Dy. Commissioner Kargil in his objections at para (8) has stated that the notice inviting tenders dated 5th Sept. 2006 could not fructify in issuance of supply order as rates which were offered by competing persons, which include petitioner also, were unreasonably high. In essence the respondent No. 3 submits that the process initiated in terms of the advertisement tender notice dated 5th Sept. 2006 got aborted.

(3.) IT is further submitted at para (15) of the objections that the persons who had submitted the tender documents had joined hands to cause loss to the Government exchequer. The respondent no. 3 has however denied the allegations that he showered benefits on respondent No. 6. At para (26) of the objections respondent No. 3 has made categorical statement that he has not taken any decision nor accorded approval for placement of order for supply of computers to other departments. Para (26) is reproduced as under:-