M/S.Sai Security Services vs The State Of Telangana
2022 Latest Caselaw 2080 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                      AND
      THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

              WRIT APPEAL Nos.413 and 416 of 2021

COMMON JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

       The present writ appeals are arising out of the common

order dated 29.07.2021 passed by the learned Single Judge in

W.P.Nos.15150 and 15844 of 2021.

       The undisputed facts of the case reveal that the

appellant/writ petitioner, M/s. Sai Security Services, was

allocated the work of sanitation, pest control services, security

services and patient care services for three years in the entire

Ranga Reddy District pursuant to the notification issued on

03.03.2017.       The appellant/writ petitioner participated in the

tender process and a contract was executed on 01.08.2017 with

the Director of Medical Education for a period of three years i.e.,

from 01.08.2017 to 31.07.2020. The facts further reveal that

the period of contract was extended from 04.07.2020 to

03.07.2021 and after the extended period came to an end, solely

based upon nomination, work has been allocated to respondent

No.6 i.e., M/s. Nakshatra. The learned Single Judge, though

there was a challenge by the appellant/writ petitioner to the

work allocated to respondent No.6, as no tender/auction notice

was issued or no transparent process was followed, has

dismissed the writ petitions.

In the considered opinion of this Court, public work

cannot be allocated without following any transparent process

and the action of respondent Nos.1 to 5 in allocating the work in

question to respondent No.6 is certainly arbitrary and illegal, as

no transparent process was followed.

Therefore, at this stage, respondent Nos.1 to 5 are

directed to issue a fresh tender notice in respect of the work in

question positively within ten days and to allocate the work to

the successful bidder thereafter. The exercise of issuing tender

and allocating the work be concluded within a period of forty

five (45) days from today, failing which this Court shall be

initiating suo motu contempt proceedings against respondent

Nos.1 to 5. The appellant/writ petitioner as well as respondent

No.6 shall be free to participate in the tender process.

With the aforesaid, the writ appeals stand disposed of.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

21.04.2022 JSU