2018 Supreme(HP) 255
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SANJAY KAROL, SANDEEP SHARMA, JJ.
RSR Private Limited - Petitioner
Versus
State of H.P. & Others - Respondents
CWP No.192 of 2018
Decided On : 11-05-2018
For the Petitioner:Mr.Sanjeev Bhushan, Senior Advocate with Ms. Abhilasha Kaundal, Advocate.
For the Respondent:Mr. Ranjan Sharma, Additional Advocate General, Mr. Shrawan Dogra, Senior Advocate with Ms. Nishi Goel, Advocate.
Headnote:
Tender - Rate Contract - [Article 226, Constitution of India] - [Annexure P-1, Clause 26] - The court considered the petitioner's plea for an extension of the rate contract for the supply of Plant Protection Equipments. The judgment highlighted the specific time period provided under the tender document and concluded that the court cannot extend the period beyond the contractual time period unless there is an agreement between the parties. However, the court directed the respondent-Corporation to submit the case of the petitioner for extension of the rate contract in terms of Clause 26 of the agreement of tender form before the 'DHLPC', who may consider extending the validity of the rate contract awarded in favor of the petitioner for a period of six months.
Fact of the Case:
The petitioner, despite being the lowest and successful bidder, was not awarded a rate contract for the purchase of Plant Protection Equipments. The petitioner approached the court seeking direction to award the rate contract and to hold an inquiry into the unnecessary delay caused by the officials of the respondent.
Finding of the Court:
The court found that the respondent's actions were not fair and cautioned the authorities to be more careful and cautious in future while discharging their duties. The court directed the respondent-Corporation to consider the tender submitted by the petitioner and to submit the case for extension of the rate contract before the 'DHLPC'.
Issues: The main issue was the petitioner's plea for an extension of the rate contract beyond the contractual time period.
Ratio Decidendi: The court cannot extend the period beyond the contractual time period unless there is an agreement between the parties. However, the court directed the respondent-Corporation to submit the case of the petitioner for extension of the rate contract in terms of Clause 26 of the agreement of tender form before the 'DHLPC', who may consider extending the validity of the rate contract awarded in favor of the petitioner for a period of six months.
Final Decision: The petition is disposed of with the direction to the respondent-Corporation to submit the case of the petitioner for extension of the rate contract before the 'DHLPC'.
Sandeep Sharma, J.
By way of instant Civil Writ Petition filed under Article 226 of the Constitution of India, petitioner has prayed for the following main relief amongst others:
“1. That an appropriate writ order or direction may very kindly be issued against the respondents and in favour of the petitioner directing the respondents to grant rate contract for the supply of Plant Protection Equipments (Sprayers) to the petitioner for a complete period of an year i.e. up till 31st December, 2018 by further directing the respondents to amend/modified the rate contract issued to the petitioner vide communication dated 13.12.2017 (Annexure P-3) in the interest of law and justice.”
2. Necessary facts, as emerged from the record, are that the petitioner-firm, who despite being lowest and successful bidder, was not awarded rate contract for the purchase of Plant Protection Equipments (A) (Foot, Hand Compression & Knapsack, Sprayer etc.) for the year 2017-2018, approached this Court by way of CWP No.910 of 2017, seeking therein direction to respondents to award rate contract with respect to aforesaid items for the year 2017-18 and to hold a fair and impartial inquiry with regard to unnecessary delay caused and attempts made by officials of respondent No.2 to oust/debar the petitioner-firm from the tender process with malafide intention and for the extraneous reasons.
3. During the pendency of aforesaid petition, a communication dated 29th April, 2017 came to be issued by respondent cancelling therein tender in question, as a consequence of which, petitioner, while amending its petition, also prayed for quashing of communication dated 29th April, 2017. This Court, having perused pleadings adduced on record by the respective parties, allowed the aforesaid writ petition filed by the petitioner vide judgment dated 8.11.2017. It would be appropriate to take note of operative portion of judgment referred hereinabove:-
“45. Consequently, in view of detailed discussion made hereinabove as well as law laid down by Hon’ble Apex Court, the decision/communication dated 22nd/29th April, 2017, taken/issued by the Managing Director, H.P. Agro Industries, cancelling therein tender in question is quashed and set aside with a further direction to the respondent-Corporation to consider the tender submitted by the petitioner with respect to purchase of Plant Protection Equipment for the year 2017-18, ignoring the alleged short comings as pointed by “TOC” and “TSSC” and thereafter award rate contract in its favour, if it is a lowest bidder. Needless to say authorities concerned while examining/analyzing tender in the light of direction issued by this Court shall act judiciously strictly in accordance with law without there being any malice towards the petitioner. Necessary action in terms of direction passed by this Court shall be taken by the authorities concerned within fifteen days from the receipt of copy of instant judgment.
46. Before parting, we are constrained to place on record our displeasure and anguish over the practice adopted by the respondents-Authorities while dealing with the tender in question and as such respondents-authorities are warned to be more careful and cautious in future while discharging their duties. Registry is directed to supply a copy of this judgment to the Chief Secretary to the Government of Himachal Pradesh, so that necessary safeguards/steps are taken by the Government, to sensitize/educate its officers with regard to procedure/approach required to be followed and adopted in the tender matters.
47. Since petitioner was unnecessarily pushed to the wall and it was compelled to initiate legal proceedings in the Court of law, respondents-authorities are liable to compensate it suitably, accordingly costs of Rs. one lac is imposed upon the respondents-authorities, which shall be paid within a period of six weeks from today. Accordingly, the writ petition is disposed of in the aforesaid terms.”
4. Pursuant to passing of af