news details |
|
|
| HC takes serious note for delaying tendering process | | |
JAMMU, JULY 26- In a much publicized allotment of wheat grinding, Justice Nirmal Singh of Jammu and Kashmir High Court, Jammu wing, today on the undertaking of Advocate General, granted 30 days more time from today to finalize the regular contract and in case the needful is not done by the applicant-state within the stipulated period, then Commissioner/Secretary CAPD and Director CAPD Jammu shall appear in person on the next date of hearing.
While granting further time to the State, Justice Nirmal Singh took serious note of the functionaries of the State and observed that perusal of the record shows that the functionaries of the State are deliberately delaying the matter and are not finalizing the regular contract. He further observed that the applicants were allowed 45 days to complete the tender process vide the judgment passed in a petition OWP 799/2006 and other connected petitions. The process, however, was not completed within the said period and an application was moved for extension of time which was allowed and 15 days more time was given to the applicants to do the needful on June 7, 2007 directing it to complete the process by June 21, 2007. But even after availing that period, more than one month has passed no steps have been taken by the applicants to complete the tendering process for allotting a regular contract. He observed that no case is made out for extension of time but keeping in view the interest of the public at large and the undertaking given by Advocate General a further period of 30 days is given to the state.
It may be recalled that the petitions filed by Mill owners were disposed by the High Court with the direction to respondents/applicants to either issue a corrigendum to the earlier tender notice published on March 24, 2007 or a fresh tender notice incorporating such clauses in the tender which would suit the requirement of the official respondents and would ensure fair, transparent and reasonable competition amongst the wheat mill owners Justice Singh, after hearing Advocate General Mr. AH Naik and Additional Advocate General Seema Shekhar appearing for the state and Sr. Advocates AV Gupta, DC Raina and Advocates Sunil Sethi, KS Johal, Vikram Singh and Swati Gupta appearing for the private respondents, observed that the counsels for contesting millers submitted that the delay in finalization of tender process is being caused deliberately and intentionally by the appellant/ state in order to favour particular mill owners who are grinding the wheat in terms of the communication November 2, 2006. It is pointed out that the functionaries of the state are continuing grinding process with some particular mill-owners since 2003 and are deliberately putting such terms and conditions in the tender notice so that a cause is given to some party to challenge these clauses. With these observations Court granted 30 days further period from today to state to finalize the regular contract.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
