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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
Nagendra Yadav – Appellant
Versus
Govt. of NCT of Delhi – Respondent
JUDGMENT
Subramonium Prasad, J.
1. By way of the present Writ Petition, the Petitioner seeks to quash letter dated 02.02.2023, bearing No.DJB/EE(T) M-10/2022-23/1153, issued by the Respondent No.2 herein/Delhi Jal Board (hereinafter referred to as 'the DJB') by which the DJB has discharged the tender bearing NIT No.03 (2021-22) having tender ID: 2022_DJB_219683_1 (hereinafter referred to as 'the tender in question'). The said tender was issued by the DJB for operation and maintenance of water meter test bench facility for testing of water meters of size 15 mm to 40 mm diameter for a period of 5 years.
2. The facts of the case reveal that the Petitioner participated in the tender in question and the Petitioner was the lowest bidder. It is stated that vide letter dated 31.08.2022, a Letter of Intent (LOI) was issued to the Petitioner herein by the DJB directing the Petitioner to submit an irrevocable performance guarantee of Rs.3,58,200/-, i.e. 3% of the awarded cost, within 10 days from the date of issuance of the letter. It is stated that in compliance of the letter dated 31.08.2022, the Petitioner herein submitted the requisite performance guarantee of Rs.3,58,200/- in the form o
The discretion of the tendering authority to award the contract, the absence of accrued rights until the contract is awarded, and the obligation to return the performance guarantee in case of inactio....
The central legal point established in the judgment is the need for fairness, non-arbitrariness, and reasonableness in administrative actions, particularly in matters of tenders, and the limited scop....
Judicial review in public procurement is limited; courts refrain from interference unless clear evidence of arbitrariness or bad faith is established.
The court emphasized the importance of fair and transparent decision-making in tender evaluations, asserting judicial review is warranted when actions of administrative bodies exhibit arbitrariness b....
The court emphasized the need for fairness and transparency in the tender process and held that the principles of judicial review apply to prevent arbitrariness or favoritism in the exercise of contr....
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