The Rajasthan High Court has refused to interfere with the award of maintenance contracts at the Suratgarh Super Thermal Power Station (STPS), observing that the challenge was brought after the issuance of work orders and commencement of contract execution. However, the Court granted the petitioners liberty to approach the State Government with their allegations of corruption in the tender process.
Justice Sameer Jain was hearing a batch of writ petitions led by M/s Balaji Engineering Company, wherein several contractors alleged that Rajasthan Rajya Vidyut Utpadan Nigam Limited (RRVUNL) had framed tailor-made tender conditions to favour certain bidders. They contended that the tender value had been inflated and the eligibility criteria were designed to exclude similarly situated contractors, while also seeking an Anti-Corruption Bureau probe into the alleged irregularities.
During the hearing, the petitioners chose not to press their challenge to the tender process and work orders, limiting their request to permission to submit a representation regarding the alleged corruption. Taking note of the submission, the Court held that since the work orders had already been issued and execution of the contracts was underway, no interference was warranted at this stage.
The High Court, however, permitted the petitioners to file a detailed representation before the Chief Secretary and the Energy Secretary of the Government of Rajasthan. The Court also directed that if such a representation is submitted, the competent authorities shall decide it by passing a reasoned and speaking order within 30 days. The Court also granted liberty to the petitioners to raise similar grievances in future tenders if comparable conditions arise.
Appearances
For Petitioner(s) : Mr. Manoj Kumar; Mr. Rajak Khan
For Respondent(s) : Sr. Adv. Mr. Abhinav Mukherji assisted by Mr. Kartik Seth; Mr. Abhijeet Kumar; Mr. Hans Raj Nimbar for respondent No. 1

