Petitioner challenged rejection of tender for truck transport contract due to calibration timing dispute. Court dismissed petition, holding tender correctly rejected as calibration was required from around the time of bidding.
Dismissal of writ petition.
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CWP No.17451 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.17451 of 2012
Date of decision: 06.09.2012
Dhariwal Oil Carrier
-----Petitioner
Vs.
Union of India and others
----Respondents
CORAM:HON’BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE GURMEET SINGH SANDHAWALIA
Present:Mr. Sandeep Arora, Advocate for the petitioner.
Ajay Kumar Mittal,J .
CWP No.17451 of 2012
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verified under the provisions of the Legal Metrology Act, 2009. Copies of the Calibration reports as issued against each vehicle are attached as Annexures P.7 to P.11. The respondents vide letter dated 4.7.2012, Annexure P.22 asked the petitioner to produce certificate of fitness, CCOE licence and calibration certificates for all TTs. On 16.7.2012, Annexure P.23, the petitioner was informed that its offer had been technically qualified and the price bid of the qualified tenders will be opened on 23.7.2012 at 2.30 PM. On 7.8.2012, Annexure P.24, the respondents issued another letter mentioning that on scrutiny of the documents it appeared that the calibration certificates were not notarized and directed the petitioner to produce the original Calibration Certificates for cross verification. On 16.8.2012, Annexure P.25, the petitioner received another letter from the respondents mentioning that the original documents had been checked and found to be in order. Thereafter, some of the competitors/contractors had moved a complaint against the offered TTs stating that the calibration certificates submitted in the bid against the above tender were not genuine and the TTs were not calibrated at the bidding stage. After examining the matter, the two member committee set up by the respondents concluded that five new TTs had not been calibrated at IOC/HPC, Jalandhar as mentioned in the calibration certificate upto the due date i.e. 21.6.2012 as per letter dated 28.8.2012, Annexure P.26. Aggrieved thereby, the petitioner is before this Court through the present writ petition.
CWP No.17451 of 2012
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28.8.2012, Annexure P.26 was bad in law. He placed reliance on Annexures P.7 to P.11, the certificates of inspection issued by Inspector Metrology, Jalandhar-I.
“The calibration of the TT should be done at the calibration facility provided by the Oil Company or as directed by the Oil Company. Carrier shall produce TT for verification/checking as and when required by the Oil Company.”
(Ajay Kumar Mittal) Judge
September 06, 2012 (Gurmeet Singh Sandhawalia) 'gs' Judge
2 issues framed by the court
Whether the tender was rightly rejected due to failure to undergo calibration by the Oil Company as per tender clauses.
Whether the rejection of the petitioner's tender required the issuance of a writ of certiorari.
Dhariwal Oil Carrier
Union of India
Hindustan Petroleum Corporation Limited
Ajay Kumar Mittal
Gurmeet Singh Sandhawalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
