Point of law: Master of the tender is the tender inviting authority and it is for the said authority to decide whom to be chosen to carry out the contract.

JUDGMENT :

SHAJI P. CHALY, J.

1. Petitioners, who are the President and the members of the Kilimanoor Grama Panchayat, have filed this writ petition, challenging Ext. P18 order dated 06.03.2010 passed by the Ombudsman for the Local Self Government Institutions in Complaint No. 950 of 2010, whereby the Ombudsman directed the Kilimanoor Grama Panchayat to recover the loss suffered on account of the contract awarded to M/s. Sivaram Electricals during the year 2008 from the petitioners.

2. Brief material facts for the disposal of the writ petition are as follows:

Petitioners were respondents 4 to 17 in complaint No. 950 of 2010 filed by the third respondent Ravi Varma K. Manager, Kerala State Industrial Enterprises Limited, Thiruvananthapuram, which was originally filed against the Secretary of the Kilimanoor Grama Panchayat second respondent, the President of the Panchayat and the Chairman of the Standing Committee for the welfare of the Panchayat. Subsequently, the petitioners were implemented in their personal capacity. The 4th respondent, namely one S. Krishnan Kutty Nair, Kilimanoor, Thiruvananthapuram, has got himself impleaded in the complaint allegedly on the ground of public interest.

3. The subject matter leading to the complaint are as follows:

The Kilimanoor Grama Panchayat has invited tenders for the supply of the single tube set 1 x 40 w with aluminum body, choke, starter, power factor, improvement, capacitor with tube, mode BJSAL 2400 or equivalent with bend pipe, clamp, nuts, bolt, 3 meter wire as per Ext. P1 notification dated 28.07.2008 published in the newspapers. Three persons responded to the tender notification and submitted their quotation, true copies of which are produced as Exts.P2 to P4. However, the Panchayat found that the above quoted rates for single tube were highly excessive and therefore, the Panchayat in its meeting adopted a resolution, as per Decision No. I(1) dated 16.08.2008 not to accept the quotations, as they were exorbitant in nature and accordingly, it was decided to call for fresh tenders, evident from Ext. P5 minutes. Consequently, Ext. P6 notification dated 16.08.2008 was published in the newspaper, pursuant to which 5 persons responded and their bids were as follows:

True copies of the bids are produced as Exts.P7 to P11.

4. The Panchayat, thereafter, directed the bidders to submit their samples for personal verification, inspection and for satisfaction of their quality. Out of five persons, only 3 persons namely Rajeev Charitable Society, Sivaram Electricals and Thampy's Electricals submitted their samples for inspection. The samples were inspected by the members of the Panchayat committee as well as the concerned Assistant Engineer. On the basis of such inspection, it was found that the samples supplied by M/s. Sivaram Electricals was of the best quality and accordingly, the Panchayat committee has taken Ext. P12 resolution at its meeting held on 25.08.2008 and, accepted the tender submitted by M/s Sivaram Electricals. The lowest rate quoted for the tube was that of Sivaram Electricals. Therefore, according to the petitioners, the Panchayat committee was fully satisfied that the bend pipe sample supplied by Sivaram Electricals was of better quality and the sample model provided by them was of different nature and quality from the other two samples.

5. Further, the price quoted by M/s. Sivaram Electricals was for a length of 1½ meters bend pipe, while the earlier price quoted by them was for 1 meter bend pipe. The petitioners also contended that the very low price quoted by the other bidders were unrealistic and therefore, the same wo