K.Gopalakrishnan v. The Union Of India,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.Gopalakrishnan ..
Petitioner Vs.
1. The Union of India Rep. by its Chief Secretary to Government of Pondicherry Chief Secretariat Pondicherry.
2. The Secretary to Government Transport Department Government of Puducherry Puducherry.
3. The Transport Commissioner Office of the Transport Commissioner Transport Department 100 Feet Road, Mudaliarpet Puducherry 605 004.
4. The Tender Evaluation Committee The Chamber of the Transport Commissioner Transport Department Mudaliarpet, Puducherry.
5. M/s. PRR Travels PRR Illam No.280, N Block, 26th Street Anna Nagar East Chennai 600 102.
6. M/s. Rainbow Travels No.500, Bharathi Street Puducherry 605 001.
7. M/s. Sri Gokul Travels No.62/3, Puthu Mariamman Koil Street Ellaipillaichavadi Puducherry 605 005.
8. R.Sundaramurthy ..
Respondents Prayer: Petition filed under Order XLVII, Rule 1 read with Section 114 of the Code of Civil Procedure to review the order dated 12.09.2023 in W.A.No.488 of 2022.
For the Petitioner : Mr.B.Balavijayan For the Respondents : Mr.S.Raveekumar Government Pleader (Pondy) for Respondents 2 to 4
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.B.Balavijayan, learned counsel for the review
petitioner and Mr.S.Raveekumar, learned Government Pleader for the respondents 2 to 5.
2. The review petitioner was disqualified in the tender process on the ground that FIR was lodged against the review petitioner. The same was challenged in writ petition bearing No.20662 of 2021. The writ petition was dismissed on 01.02.2022. Aggrieved thereby, the review petitioner filed appeal bearing No.488 of 2022. The same was dismissed by this Court on 12.09.2023. The review petitioner seeks review of the said order.
3. Learned counsel for the review petitioner submits that the review petitioner was the lowest bidder. The benefit would accrue to the public exchequer if the tender was allotted to the review petitioner. Though the matter was pending before this Court and the Court was seized with the matter, the tender was allotted to the sixth respondent, though he was not the lowest bidder. The review petitioner is not possessing criminal background. He was only agitating against the road tax imposed from August 2020.
4. We have considered the submissions.
5. One of the eligibility criteria for the bidders as per Clause 3(e) of the Tender Notice is that the bidder should not have any criminal background and the firm/company should not have been blacklisted during the tender proceedings. FIR was lodged against the review petitioner and the review petitioner was arrayed as an accused. The said offence was registered under the provisions of the Disaster Management Act and Epidemic Diseases Act, so also Indian Penal Code. During the Covid time, the provisions of the Disaster Management Act were violated. The said aspect has been considered by the learned Single Judge and by this Court while dismissing the appeal.
5. The terms and conditions of the tender are binding on the parties. The review petitioner did not challenge the same before participating in the tender process. The review petitioner, as such, is bound by the terms and conditions of the tender.
6. In the light of that, no case for review is made out. Accordingly, the review application is dismissed. (S.V.G., CJ.) (P.D.A., J.) 26.03.2024 Index :
Yes/No :
Yes/No kpl To
1. The Chief Secretary to Government of Pondicherry Chief Secretariat Pondicherry.
2. The Secretary to Government Transport Department Government of Puducherry Puducherry.
3. The Transport Commissioner Office of the Transport Commissioner Transport Department 100 Feet Road, Mudaliarpet Puducherry 605 004.
4. The Tender Evaluation Committee The Chamber of the Transport Commissioner Transport Department Mudaliarpet, Puducherry.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 26.03.2024