HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27675 OF 2014 Date: 22.09.2014 Between :
M/s. V.R.Engineering & Co. rep.by its Proprietor, Sri G.venkata Ramana s/o. Venkata Ramudu, Situated at D.No.23-21-11/2, Seetaramnagar, B.C.Road, Gajuwaka, Visakhapatnam.
… Petitioner and Rashtriya Ispat Nigam Ltd, rep.by its Chairman cum Managing Director, Visakhapatnam Steel Plant, Visakhapatnam and others.
… Respondents The Court made the following:
HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.27675 OF 2014 ORDER:
Tender notification was issued by the respondents – Visakhapatnam Steel Plant on 19.04.2014 by inviting sealed tenders for the work of Annual Maintenance Contract for LOCO maintenance – Electrical. Petitioner is one of the contractors responded to the tender notification. The tenders were to be submitted in Envelop-1 and Envelop-2 separately. Pre- qualification i.e., envelop-1, was opened on 29.04.2014. According to the petitioner, he was qualified in pre-qualification. Even though five months have elapsed, the second stage i.e., opening of envelop-2 is not carried out and no information is furnished to the petitioner as to why the tender process is not completed. Alleging that inaction is unwarranted, this writ petition is instituted.
2. On instructions, learned standing counsel representing Visakhapatnam Steel Plant submits that after opening of first stage i.e., envelop-1, the Steel Plant has received complaints and the complaints are under investigation and, therefore, there is delay in opening the second envelop. It is not deliberate and willful, but only for the purpose of enquiring into the allegations received.
3. Having regard to the submissions made by the learned standing counsel that because of several complaints received after opening of envelop-1 and matter is under investigation, the tender process is not completed, it cannot be said that delay in completing the tender process is vitiated warranting interference by this Court. Petitioner has no right to insist to complete the tender process within the fixed time frame irrespective of the decision of employer to enquire into the allegations received by them. Therefore, I see no merit in the writ petition. Accordingly the writ petition is dismissed. No costs.
Miscellaneous petitions pending, if any, in this writ petition shall stand dismissed.
JUSTICE P. NAVEEN RAO Date: 22.09.2014 Note:
Issue C.C. in one week.
B/o. kkm Oval:
HON’BLE SRI JUSTICE P.NAVEEN RAO Writ Petition No.27675 OF 2014 Date: 22-09-2014 kkm