STAR CONSTRUCTION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner, said to be a proprietary concern and a BClass contractor with the Public Health Engineering Department of the Government of Rajasthan, has filed this writ petition seeking to question the provisions contained in the Public Works Financial and Account Rules ['the PWF&A Rules'] insofar they put restrictions on a contractor in submitting tenders for the works in the Circle where his near relative is posted with the department. The petitioner also seeks to question the order dated 10.01.2013 (Annex.1) whereby the Executive Engineer, Public Health Engineering Department, District Rural Division, Chittorgarh has debarred it from participation in the tender process in future in the Circle, with reference to the questioned provisions and with reference to the facts that the brother of the proprietor of the petitioner firm is working on the post of UDC in the Circle and an Anti Corruption Bureau matter is pending.

(2.) The provisions contained in Clause No.1.19 of general conditions for enlistment of contractors and Condition No.41 of the general conditions of contract in PWF&A Rules, as sought to be questioned in this writ petition, could be noticed at the outset as under:-

(3.) Seeking to question the clauses/conditions aforesaid, it is contended on behalf of the petitioner that a complete procedure is prescribed under the PWF&A Rules ensuring transperancy in regard to the process of invitation of tenders and their acceptance; that the tenders are finalised by a High Powered Committee before assigning the work to the contractor and the rates are finalised according to the Basic Schedule of Rates as applicable in the concerned department; that the work is supervised by the senior technical officers and the amount is released for the work done after the approval from the site engineer/technical officer; and that the audit is also carried out.