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ABHAY S. OKA, RAJESH BINDAL
Indian Oil Corporation – Appellant
Versus
Ajit Kumar Singh – Respondent
JUDGMENT :
Rajesh Bindal, J.
1. Aggrieved against the order passed by the High Court of Judicature at Patna in Letters Patent Appeal No. 1593/2015 dated 28.2.2019, the present appeal has been filed. Vide aforesaid order, the judgment and order of the learned Single Judge of the High Court dated 25.6.2015 in CWJC No. 2176/2004 was reversed.
2. The brief facts as available on record are that on 30.6.2001, tender notice was issued by the Appellant Corporation for the job of ‘Repair of Surface Drain and Tank Pad and Tank No. 235, 236 and 237 inside Refinery’ (Barauni Refinery), in which three bidders participated. Technical bids were opened on 24.8.2001. However, the price bids were not opened on that day and were kept with the remarks ‘not opened today’ in the table drawer of K.C. Patel under lock. The keys thereof were available with him and respondent no.1, Ajit Kumar Singh. Price bids were opened on 1.10.2001. Form of quotation submitted by each bidder was signed by K.C. Patel and G.S. Mahto. Entries were made in the register. While preparing the comparative table on 3.10.2001 K.C. Patel noticed change in the price bid of M/s. B.S. Jha as compared to the quoted price in the form of qu
Scope of judicial review in matter of departmental punishment is limited.
Government Contract – Sanctity of tender process is paramount and should be maintained at all cost – While benefit or accrual of more revenue to public exchequer is certainly an important aspect, equ....
Judicial review in disciplinary matters is confined to evaluating the fairness of the decision-making process rather than the merits of the decision. Courts will not interfere with findings based on ....
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Power of judicial review can be invoked if approach adopted is found to be arbitrary or mala fide or if procedure adopted is meant to favour one.
The court upheld the principle of judicial restraint in administrative action and emphasized the need for the State to act within the bounds of reasonableness in tender matters.
District Collector is not empowered to consider the aspect of alteration of any route or alignment except to remove difficulties faced by the licensee. As a result of this, even the request of altern....
The employer has the authority to interpret tender documents and decide on essential conditions. Judicial review in commercial tender matters should focus on lawfulness, not soundness, of the decisio....
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