M/S. Ambedkar Outsourcing Agency v. Osmaina University

THE HON'BLE SRI JUSTI CE T.VI NOD KUMAR WRI T PETI TI ON No.1918 of 2020 ORDER:

This writ petition is filed questioning the action of respondent in insisting on to show a deposit for a sum of Rs.1 crore to meet the salaries of the staff for a period of two months for awarding tender and to declare the same as being arbitrary, illegal and such insistence is not part of the tender notification.

2.

Heard the learned counsel for the petitioner and Sri Ch. Jagannath Rao, learned Standing Counsel for the respondent-University. 3.

Learned Standing Counsel for the University submits that the petitioner by his letter dated 10.01.2020 has agreed to give bank guarantee/DD equivalent to two months salary of the staff of hostels and messes in Osmania University and sought for awarding of the agency to him and also enclosed therewith statement of his account maintained with the State Bank of India, Nakrekal Branch, Nalgonda District, Telangana. Learned Standing Counsel further would submit that the petitioner having failed to give bank guarantee/DD equivalent to the extent of two months salary of the staff working at Hostels and Messes, has now filed the present writ petition questioning the action of respondent in insisting upon furnishing of security as not being provided/stipulated in the tender notification.

4.

It is seen from the letter dated 10.01.2020 and the bank statement enclosed thereto, the petitioner himself has agreed for giving bank guarantee/DD and for the reasons best known to him wriggled away from his undertaking and filed the present writ petition.

5.

Having regard to the fact that the petitioner has failed to comply with the undertaking given by it, it is not open for the petitioner to turn around and question the action of the authorities in insisting upon furnishing of security deposit as being arbitrary and illegal. 6.

Thus, the writ petition is without merit and is accordingly dismissed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________ JUSTI CE T.VI NOD KUMAR Date:05.02.2019 grk