High Court forms panel to probe glitches in tender process

Legal Correspondent
Shimla, December 2

The HP High Court has constituted a four-member committee to probe irregularities in the tendering process of a proposed commercial complex at Vikas Nagar, near the petrol pump, here. The committee has been directed to submit its report by December 29.

Passing this order, Justice Sandeep Sharma observed that, “Prima facie, the court is of the view that some high-ranking officials of the Himachal Pradesh Housing and Urban Development Authority (HIMUDA) have not acted responsibly and in the interest of the organisation, and rather have attempted, directly or indirectly, to give undue benefits to some contractors.”

Justice Sharma observed that, “Apart from the above, the action of the authorities to show undue haste in issuing a letter of intent in favour of the successful bidder and that too before the conclusion of the contract agreement and negotiations of rates raises doubt with regard to fairness and impartial attitude of the authorities at the helm of affairs.”

The court said, “Mere cancellation or the recalling of the tender at this stage may not be proper solution to the problem, because if persons responsible for the illegalities and irregularities are not held accountable, there is every likelihood of repetition of such things in the future. Otherwise also, it is the duty cast upon all of us to correct and purify the system, which has rotten on account of highly irresponsible, callous and indifferent attitude of officials responsible for running public organisations.”

The committee will be headed by the Chief Executive Officer-cum-Secretary, HIMUDA, as the Chairman, and an IG-rank official of the State Vigilance and Anti-Corruption Bureau, Engineer-in-Chief, HPPWD, and Engineer-in-Chief, IPH, as members.

The court passed this order while dealing with two petitions challenging the tender process of the aforesaid work. It was contended in the petitions that in 2017, HIMUDA had floated tenders for the project and its estimated cost was Rs 85,30,43,091.

However, the Himachal Pradesh Housing and Urban Development Authority cancelled this tender and re-invited e-tender for the aforesaid work, putting the estimated cost of Rs 45,44,66,273 only.