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2017 Supreme(Ker) 1431

DAMA SESHADRI NAIDU
George Thomas – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: George Varghese (Perumpallikuttiyil), P.J. Joe Paul
For the Respondent: N. Nagaresh, T. Sanjay, M. Premchand, M. Gopikrishnan Nambiar, P. Gopinath, K. John Mathai, Joson Manavalan, Kuryan Thomas, Paulose C. Abraham

JUDGMENT :

The petitioner George Thomas is a retired Colonel running a Security Agency, empanelled by the Director General Resettlement (DGR). Ext.P2 is the empanelment certificate and Ext.P3 its renewal. He also has Ext.P4 license issued by the Government of Kerala under the Private Security Agencies (Regulation), Act 2005. Through the Ext.P5, the DGR has also sponsored him for security and allied services.

2. In the Sponsorship Certificate, Lt. Col. Vinod Kumar, the seventh respondent, was assigned the position of being the senior-most followed by Thomas and Maj. Varghese P.C., the eighth respondent.

3. After receiving Ext.P5 sponsorship, Bharat Petroleum Corporation (BPCL), the first respondent, issued the Ext.R4(a) tender notification for security coverage at its Refinery area and at its city office: SWSS Aluva STF, SPM and Estates. The Ext.R4(a), in fact, is an e-tender, with a strict stipulation that all the bids will be evaluated from the inputs made by the bidders on the procurement portal. It also cautions in express terms that the offer submitted against the tender will be evaluated electronically and 'vendors' are to comply with the guidelines provided in the tender notific






























































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