Expressbuzz, March 5, 2009
CUTTACK: In a significant order, the Orissa High Court has imposed a fine of Rs 10,000 each, in connection with three writ petitions, against Telecom District Manager (TDM), Bhawanipatna, holding him responsible for irregularities in awarding franchise for BSNL products and services.
The fine should be recovered from his salary.
The division bench, comprising Justices BP Das and BP Ray also set aside the entire tendering process and directed the TDM to initiate fresh tender strictly adhering to guidelines and complete it by March 31 this year. Till the time, the SIM cards and recharge vouchers shall be supplied by BSNL itself.
The penalty and directions primarily came in response to a writ filed by one Lalit Agarwal of M/s Lalit Electronics of Junagarh in Kalahandi district challending award of tenders in favour of M/s Fakir Chand Agarwal and Sons for Junagarh, one Mohanlal Agarwal for Khariar Road and Ghanshyam Agarwal for Raj Khariar.
The tender notices had been issued for franchisee of BSNL products/ services for the area of Dharmagadh SDCA. The petitioner submitted his tender. To his utter surprise was asked to appear in a computer typing and arithmetic test although there was no mention of it in the tender guidelines. He complied but was marked failed and his tender rejected.
Appearing for the petitioner, advocate Santosh Nanda also submitted that the EMD of Rs 2 lakh which was required to be deposited along with the tender in the shape of bank guarantee was illegally waived off by the TDM in favour of the above three.
The Court observed that the TDM had no authority to waive such a condition. Further, there was nothing in the tender guidelines to show the aptitude tests were required. All attempts have been made to favour some persons and it amounts to misuse of power and position, the bench held setting aside the tendering process.
No comments:
Post a Comment