The Himachal Pradesh High Court has dismissed a Public Interest Litigation (PIL) seeking inquiry/investigation from an independent agency as regards the work awarded to a firm (6th respondent) under the award dated 12.03.2018 for replacement of defective/electromechanical meters in District Sirmour, Himachal Pradesh.
The petitioner is a Senior citizen who has retired after working in the Himachal Pradesh State Electricity Board.
The Petitioner alleged that the single phase meters have to be installed at the cost of Rs. 70/ to Rs.100/, but the Chief Engineer, Operations, South, HPSEB (3rd respondent) had awarded the said contract to the 6 th respondent for Rs.2,360/ and this rate is abnormal since it is almost 200 times of the existing market rates. The petitioner has placed reliance on the information received by him under the Right to Information Act,2005 pertaining to labour rates for installation/replacement of the defective electro mechanical meters in Districts Sirmour, Kinnaur and Solan, Himachal Pradesh.
Prior to filing the petition, the Petitioner had lodged a complaint against the Chief Engineer Operations of HPSEBL to the Vigilance Department of the Government of Himachal Pradesh with regard to the above aspect also. The matter was inquired into by the Superintendent of Police, State Vigilance and ACB, Sirmour and he submitted his report to the Additional Director General to the said department on 10.3.2021.
The said report reveals that on 12.07.2017, the office of the Chief Engineer (OP) South Shimla invited online e tender for design, manufacturing, supplying, erection, testing and commissioning of 11 KV LT Lines with bare conductor/AB cable, providing single phase and three phase electronic meters and augmentation of substations under “Den Dayal Upadhyay Gram Jyoti Yogna” in District Sirmour; that tenders were extended five times due to nonreceipt of bids and poor response from bidders; and finally, the 6th respondent and another party submitted bids. After getting the approval of the Director (OP), HPSEBL, the techno commercial bid of 6th respondent was opened on 29.11.2017; the case was also examined by F&A wing of HPSEBL; it was then put up before the MD level SPC and after subsequent negotiation, the 6th respondent offered 8% discount on their quoted rates which was accepted by the MD level SPC and approved to award the work to the said firm on turnkey basis, vide letter dt. 12.03.2018.
The said report further states that the inquiry reveals that the tenders were not for replacement of meters only as was alleged by the petitioner but it includes design, manufacturing, supplying, erection, testing and commissioning of 11 KV LT Lines with bare conductor/AB cable, providing single phase and three phase electronic meters and augmentation of substations in District Kinnaur and Sirmour and replacement of meters was one of the items in the tender. The report further states that the inquiry revealed that in the turnkey projects invariably the total cost of the offer is considered for awarding the work, not the itemwise rates and that the bidders offered their rates as per sources of material, working site conditions and labour involved etc. as per their prudence.
The report further states that tender was awarded to the 6th respondent only after approval of the MD level SPC and the case was also scrutinized by the F&A wing of the HPSEBL and so the allegations levelled by the complainant could not be substantiated and recommended closure of the complaint.
The Division Bench of Chief Justice M.S. Ramachandra Rao and Justice Ajay Mohan Goel pointed out that tendering process, pursuant to which 6th respondent was awarded the work on 12.03.2018 for designs, manufacturing, supplying, erection, testing and commissioning of 11 KV LT Lines with bare conductor/AB cable, providing single phase and three phase electronic meters and augmentation of substations, but the petitioner did not file the tender copy and suppressed it. No explanation is forthcoming from counsel for petitioner for not filing the same.
According to the report of the Superintendent of Police State Vigilance and ACB , Himachal Pradesh, referred to supra, the award of the said contract was done after examination of the F&A wing of the HPSEBL and after approval of the MD level SPC. Thus at different levels, up to the MD level, the process of tendering and awarding of work underwent scrutiny and nobody complained of the same at the time of award of the tender or thereafter within a reasonable time. Also no consumer, who was provided single phase and three face electric meters by 6th respondent had complained about the cost of the replacement of the same to any forum including the Court.
It is not the case of the petitioner that he had availed the said facility and is aggrieved by the cost imposed by the 6 th respondent for replacement of the defective defective/electro mechanical meters with phase three electronic meters .
The counsel for the respondents has also pointed out that the then Chief Engineer of HPSEBL who had issued the subject tender at Sirmour had retired, the work was executed by the 6th respondent in 2018 ( 4 years prior to filing of the PIL) and without any valid cause, the petitioner has filed this Public Interest Litigation.
The Court opined that in the facts and circumstances of the case and on the basis of the material available on record, no interference is called for in the matter as it has become stale.
When no affected party, who had availed the services of replacement of meters from the 6th respondent has any grievance, the petitioner cannot be permitted belatedly to challenge the award of the work to 6th respondent claiming that public interest has suffered , the Bench observed.