Gauhati High Court
Page No.# 1/7 vs The Oil And Natural Gas Corporation Ltd ... on 3 July, 2024
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/7
GAHC010132242024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/219/2024
DEFODIL DAS AND 3 ORS
S/O- SRI ADHAR CH. DAS, R/O- AMOLAPATTY, WARD NO. 9, P.O.-
SIVASAGAR, DISTRICT- SIVASAGAR, ASSAM.
2: SALIM KAUCHAR SULTAN
S/O- LATE SULTAN MAHMUD
R/O- DARBAR ROAD
WARD NO.-3
P.O.- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
3: RANJIT BORA
S/O- LATE RATNESWAR BORA
R/O- PHUKAN NAGAR
WARD NO. 10
P.O.- SIVASAGAR
DISTRICT- SIVASAGAR
ASSAM.
4: M/S- R.T. ASSOCIATES AND CO.
A PROPRIETORSHIP FIRM REPRESENTED HEREIN BY ITS PROPRIETOR-
SRI HEMANTA KR. GOGOI
(AGE-48 YEARS)
S/O- JUGARAM GOGOI
Page No.# 2/7
R/O- LAHINGIA GAON
P.O.- KONWARPUR
DISTRICT- SIVASAGAR
ASSAM
VERSUS
THE OIL AND NATURAL GAS CORPORATION LTD AND 9 ORS
REPRESENTED BY THE CHAIRMAN AND C.E.O. HAVING ITS REGISTERED
OFFICE AT DEENDAYAL URJA BHAWAN, 5A, NELSON MANDELA MARG,
BASANT KUNJ, NEW DELHI- 110070.
2:THE CHAIRMAN AND C.E.O.
OIL AND NATURAL GAS CORPORATION LTD.
DEENDAYAL URJA BHAWAN
5A
NELSON MANDELA MARG
BASANT KUNJ
NEW DELHI- 110070.
3:THE CHIEF MANAGING DIRECTOR
O.N.G.C. LTD.
DEENDAYAL URJA BHAWAN
5A
NELSON MANDELA MARG
BASANT KUNJ
NEW DELHI- 110070.
4:THE EXECUTIVE DIRECTOR-CHIEF MM SERVICES
O.N.G.C. LTD.
CORPORATE MATERIALS MANAGEMENT
DEENDAYAL URJA BHAWAN
5A
NELSON MANDELA MARG
BASANT KUNJ
NEW DELHI- 110070.
5:THE EXECUTIVE DIRECTOR-ASSET MANAGER
Page No.# 3/7
ONGCL
ASSAM ASSET
NAZIRA
ASSAM.
6:THE GENERAL MANAGER (MM)
MATERIAL MANAGEMENT DEPARTMENT CONTRACT CELL
ASSAM ASSET
ROB-II
FIRST FLOOR
NAZIRA
ASSAM.
7:THE CHIEF GENERAL MANAGER-HEAD MM
PURCHASE DEPARTMENT
ASSAM ASSET
ROB-II
FIRST FLOOR
NAZIRA
ASSAM.
8:THE HEAD MM
MATERIAL MANAGEMENT DEPARTMENT
CONTRACT CELL
ASSAM ASSET
EASTERN REGION
ROB-II
FIRST FLOOR
NAZIRA
ASSAM.
9:BID EVALUATION COMMITTEE (FOR HIRING OF LIGHT VEHICLES IN
ASSAM)
MATERIAL MANAGEMENT DEPARTMENT
C/O- GENERAL MANAGER HEAD MATERIAL MANAGEMENT
DEPARTMENT
ONGC LTD.
ASSAM ASSET
NAZIRA
DIST.- SIVASAGAR
ASSAM.
10:THE DISTRICT COMMISSIONER
SIVASAGAR
Page No.# 4/7
DIST.- SIVASAGAR
ASSAM
Advocate for the Petitioner : MR S BORTHAKUR
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
03.07.2024
[Soumitra Saikia, J]
Heard Mr. S. Borthakur, learned counsel for the appellants.
2] This appeal is filed against the judgment and order dated 18.06.2024
passed by the learned Single Judge in WP(C) No.6208/2023.
3] The appellants being desirous of supplying light motor vehicles in
response to an NIT issued by the ONGC calling for submission of bids for hiring
for light motor vehicles, participated in the tender process and while the tender
process was under way and the bids had been submitted, there was demand
made by some local organizations requiring the ONGC to change the norms of
the tender and in the event these conditions are not fulfilled, these local
organizations threatened to call for Bandhs in the ONGC operating areas. In
order to ameliorate the situation, a meeting was called for between the various
stakeholders and the Deputy Commissioner, Sivasagar and by a meeting held on
Page No.# 5/7
08.08.2023 in the presence of the Deputy Commissioner, Sivasagr, the following
resolutions were adopted which are quoted below:
" 1. Tender for single vehicle will be accepted for single individual through
lottery.
2. Experience certificate issued by the commercial vehicle owner will be
accepted for the drivers.
3. Condition of GST/ETS will remain for this tendering process. however,
ONGCL is requested to bring the matter to the notice of higher authority.
4. Equal weightage will be given to all qualified tenderers. "
4] Pursuant thereto the Tender Evaluation Committee taking note of the
resolutions adopted in the minutes took the decision to cancel the tender
No.R16KC23011/ R16KC23012/ R16KC23013 for hiring of 372 numbers light
vehicles (Taxi) services for Assam Asset for a period of 4 (four) years.
5] Being aggrieved, the appellants as the writ petitioners had approached
this Court by filling WP(C) No.6208/2023, challenging the decision taken by the
ONGC authorities on the recommendation of the Tender Evaluation Committee
to cancel the tender process. The learned Single Judge upon due consideration
of the matter in its entirety dismissed the writ petition by order dated
18.06.2024. Being aggrieved, the present appeal is filed.
6] Mr. S. Borthakur, learned counsel for the appellants submits that the
Page No.# 6/7
decision taken by the Tender Evaluation Committee or by the ONGC Authority is
irrational and therefore, calls for due interference of this Court. He has referred
to the judgment of the Apex Court rendered in Shmnit Utsch India Pvt. Ltd.
& Anr. vs. West Bengal Transport Infrastructure Development
Corporation Ltd. & Ors. reported in 2010 (6) SCC 303. Referring to
Paragraph-52 of the said judgment, he submits that notwithstanding that the
government or the authority concerned has a discretion to change the policies
or to adopt any policies on changed circumstances, however, these discretions
should be exercised by the government or the public authority in conformity
with the Wednesbury reasonableness and free from arbitrariness, irrationality,
bias and malice. Mr. Borthakur submits that this decision to cancel the tender
was based on the pressure tactics adopted by the various local organizations,
which a public entity like the ONGC ought not to have succumbed to. That apart
the Tender Evaluation Committee is not the authority to take a call for change of
policy. However, the Tender Evaluation Committee recommended cancellation of
the tender. Subsequently, the tender in which the appellants and other similarly
situated tenderers participated was cancelled. He, however, submits that as on
date, no fresh tender has been called for by the ONGC. He submits that in view
of this irrational decision taken by the ONGC Authorities to cancel the tender,
the matter ought to have been given due consideration by the learned Single
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Judge and that having not been done, the present appeal is filed calling for
appropriate direction of the Court.
Let Notice be issued, Returnable by 2 (two) weeks.
Since Ms. D.D. Barman, learned Government Advocate, Assam, accepts
notice on behalf of the respondent no.10, Notices are waived. Extra copies be
furnished to her within a period of 2 (two) working days from today.
Learned counsel for the appellants shall take steps for service of notice on
the respondent nos. 1, 2, 3, 4, 5, 6, 7, 8, & 9 by usual course as well as by
registered post with A/D within 1 (one) week from today. Dasti service is also
permitted.
Let the matter be listed on 17.07.2024.
Prayer for interim order will be considered on the next returnable
date.
JUDGE JUDGE
Comparing Assistant
