J&K HC: Govt. officials like ‘kumbhakarana’ needs be woken up from slumber through different means.
While expressing its displeasure over the working of government officials in the state of Jammu & Kashmir, the high court on Wednesday compared the officials with Kumbhakarana in Ramayana who used to sleep for a period of 6 months.
The bench of newly appointed Acting Chief Justice Rajesh Bindal observed, “As noted in Ramayana, the demon king Ravana had to use many means to wake him up, when his kingdom was in trouble. Here also the officials should be woken up through several means”.
Issue before the court
The court was hearing to a writ petition that was filed by National India construction company which challenged the rejection of the bid submitted by it during the technical evaluation for the construction of a road under the PMGSY (Pradhan Mantri Gram Sadak Yojana).
According to the procedure, technical bids should be opened at first and those qualified at that stage were considered for the financial evaluation.
But the petitioner’s bid was rejected during the technical evaluation and the reason was ‘rejected-technical’.
Later it was submitted by the petitioner that it was deprived of participation in the process in the previous 7 years on the account of frivolous dispute which was created by the department.
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Order of the court
Nothing that the petitioner was not completing the conditions as it did not have the requisite turnover during the last 5 years before the e-NIT was provided, the court held that the challenge for the rejection of its bid on account of the non-fulfilment cannot be entertained after his technical bid is rejected.
Therefore the petition was dismissed by the court.
In its order, the court noted that in the instant case, a project for the creation of infrastructure of Union Territory of J&K was put on hold, on the account of the interim stay issued by the court on 17 April 2018.
Observation the court regarding the project cost
While looking at the similar cases which have come before the court found it strange that any bidder who is successful is very much ready to execute the project at the same rates even after 5 to 10 years after the same was appointed.
Noting that there would be an issue of the quality of the construction, the directed the Chief Secretary, Government of J&K to refer cases for the test audit to the CRRI, New Delhi for the quality of work which is executed here.
The court ordered that am estimated cost pf the project should be gone into by the institute.