Excelsior Correspondent
Srinagar, Sept 24: High Court today held the retendering process of Bharat Sanchar Nigham Ltd (BSNL) for execution of enhancing the communication system of the Army in highly sensitive areas of Line of Control (LoC) as legitimate and valid.
Justice Ali Mohammad Magrey said that the records do not indicate that the decision made by the authority (BSNL) is malafide or intended to favour someone.
In fact, the decision of the BSNL court added, was the result of non-completion of the contract on time on part of the petitioner-firm, when the entire project was located at a highly sensitive and strategic area of LOC.
Court also said the public interest is also not affected in the present case because while it may be in public interest to have greater competition, it is also in public interest that all the tender conditions are complied with as prescribed by the tender issuing authority and that there is no uncertainty in that area.
The BSNL, civil wing, was assigned the responsibility of execution of NFS project by the Department of Telecommunication (Government of India) meant for enhancing the communication system of the Army and is of national importance as the project site is located at a highly sensitive strategic area of LOC.
It was pleaded that the petitioner-firm was awarded the contract for timely execution, but, despite repeated reminders, the firm did not execute the same on time, constraining the BSNL to take the impugned action and re-tender the work, therefore, no interference is warranted in the said process from this Court.
Justice Magrey said that it is not possible for the Courts to question and adjudicate every decision taken by an authority because many of the Government Undertakings, which in due course have acquired the monopolist position in matters of sale and purchase of products and with so many ventures in hand, they can come out with a plea that it is not always possible to act like a quasi-judicial authority while awarding contracts.
“The Petitioner has not been able to establish before the Court that the decision taken by the respondents putting the works in question to fresh tenders is an arbitrary exercise of power or that the same was malafide in nature”, Justice Magrey recorded.
The decision, court said, taken by the BSNL in putting the work in question to fresh tenders was certainly not irrational in any manner whatsoever or intended to favour anyone. “This decision, apart from being lawful and sound, appears to have been taken by the respondents in view of non-acceptance of all the terms and conditions of contract on part of the Petitioner-firm”, reads the judgment.
“I do not find any merit in this Petition. It entails dismissal and is, accordingly, dismissed. Interim direction(s), if any, subsisting as on date, shall stand vacated”, Court concluded.
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