Bombay High Court disposes of PIL highlighting irregularities in tenders of works undertaken by PWD

The Bombay Excessive Courtroom disposed of a Public Curiosity Litigation (PIL) filed mentioning sure irregularities within the processes of tenders issued by the respondents in respect of some works undertaken by the Public Works Division. 

The petitioner has prayed that due to the irregularities, loss has been precipitated to the State exchequer and accordingly respondents be directed to repair the duty for the stated loss to the Authorities. One other prayer made within the PIL petition is to direct the respondents to introduce sure safeguards for avoiding any malpractices within the e-tendering course of. 

The petitioner has additionally prayed for issuing instructions for restoration of the loss precipitated to the State exchequer on account of irregularities within the tender course of.

After submitting of the PIL petition, the Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Physician famous that an inside committee by the State Authorities was appointed for assessing the failings in tender course of and on its suggestions sure steps have been taken to make the tender course of extra clear and accountable. 

Dr. Warunjikar,  counsel showing for the petitioner has pretty acknowledged that the steps so taken by the State Authorities are laudable, nonetheless, he has submitted that as far as irregularities identified within the PIL petition in respect of the tenderers are involved, nothing concrete seems to have been executed on the finish of the State Authorities.  

It has been identified by the Authorities Pleader that primarily based on the evaluation made by the State Authorities, departmental proceedings in opposition to two officers had been initiated, which culminated in passing of orders of punishment. It’s, thus, delivered to our discover that by way of the order dated twelfth September, 2023 punishment of restoration of an quantity of 6% per 30 days from the superannuation pay has been inflicted upon him. Equally,  the State Authorities by way of order dated twelfth September, 2023 has inflicted the punishment of restoration of an quantity of 18% per 30 days from the superannuation pay of the stated officer. Thus, it seems to the Courtroom that vital motion, as far as erring officers are involved, has been taken.

The difficulty regarding motion in respect of irregularities alleged to have been dedicated by the tenderers nonetheless stays to be thought-about.

It has been identified by Dr. Warunjikar, thet particular allegations have been made in respect of the irregularities dedicated by the tenderers within the totally different tender course of. 

In view of the aforesaid, the Courtroom  discover it applicable to eliminate the PIL petition noting the motion taken by the State Authorities in opposition to the erring officers and by directing that an inquiry shall be performed into aforesaid allegations inside a interval of six months. The Courtroom additional directed that in case within the inquiry sure different officers or tenderers /contractors or the people/corporations, in whose favor work orders had been earlier issued, are discovered to have erred, applicable motion may additionally be taken expeditiously.