HYDERABAD: Justice K. Lakshman of the Telangana High Court on Wednesday set aside a work order given in favour of GIOPEL Import Export PVT Ltd by the Archaeological Survey of India (ASI). The Judge allowed the writ petition filed by Ravi Press Photo contending that the work order was given to a shell company.
The petitioner pointed out that the said beneficiary company was not in existence in the records of the ministry of corporate affairs.
Accordingly, it was neither technically nor financially qualified to carry the work order. Having set aside the orders in favour of GIOPEL, the judge said that it must now be given to the next eligible party.
The ASI in May 2021 invited customised bids of official documents in the office of the Director (Epigraphy). Five bids were received. None of the bidders were said to be qualified leading to a fresh tender.
The evaluation committee found only one bid as qualified and disqualified the petitioner. The work, however, was allotted to GIOPEL through nomination.
In a detailed judgment, Justice Lakshman pointed out that the official respondents have not mentioned any “special circumstances that necessitated them to select” the beneficiary company.
He also pointed out “there is no approval of the competent authority obtained before resorting to a single source of selection”.
Pointing to the shortcomings of the selected beneficiary, Justice Lakshman pointed out that the company is a “strike off company”. Its annual turnover for the last four financial years was nil. The said company is not eligible for award of the said work. That there is a lack of transparency and fairness in awarding work,” Justice Lakshman said.
The court dubbed the award of the work order in favour of GIOPEL as “arbitrary, illegal, unfair, non-transparent and in violation of the guidelines issued by the Central Vigilance Commission.”
The judge also observed that it is open to the ASI to issue fresh tender notification if necessary.
