A.K.TRANSPORT Vs. TENUGHAT VIDYUT NIGAM LTD

JUDGEMENT

(1.) HEARD Mr. Biren Poddar, learned Senior Counsel for the petitioners, Mr. Delip Jerath, learned counsel for the respondent Tenughat Vidyut Nigam Ltd and the learned counsel appearing for the intervener.

(2.) IN these two writ petitions the petitioners have prayed for quashing Clause (2) of the tender notice bearing No. 7/Coal Trans. TVNL/RAN/04 dated 27.5.2004 issued by respondent No. 1 Tenughat Vidyut Nigam Ltd (in short TVNL) for transportation of coal of on road from the collieries of West Bokaro of Central Coalfiled Ltd. to Tenughat Thermal Power Station, Lalpania and further for a direction to the respondents to issue tender papers to the petitioners as they fulfill all the eligible criteria laid down in the tender notice except the conditions contained in the aforesaid clause.

(3.) MR . P.K. Prasad, learned counsel for the Tenughat Vidyut Nigam Ltd. on the other hand firstly contended that the conditions contained in the notice inviting tender cannot be a subject matter of judicial review. According to the learned counsel only decision making process and not the merit of the decision can be the subject matter of judicial review. Learned counsel then drawn my attention to the counter affidavit filed by the Tenughat Vidyut Nigam Ltd. and submitted that relief sought for by the petitioner is not tenable since the petitioner on earlier occasion while undertaking contract work of the respondents failed to lift the coal and transport it to Tenughat Thermal Power Station being work order No. 14, dated 23.11.2000. Even petitioner did not fulfill his contract so far CCL is concerned on their Rajrappa Project. It is contended that as per Clause (2) of the tender notice the contractor should have experience of transportation of coal to power house because it is a specialised work and the transportation has also to identify and lift the appropriate quantity of the coal.