Amit Bhowmik vs State Of West Bengal & Ors.

The views of this Court qua the tendering process under consideration in this writ petition/the Notice Inviting Tender (NIT), have been discussed in its previous order dated 18th December, 2018.

This Court has found, prima facie, that the NIT impugned in this writ petition does not follow the Notification dated 24th April, 2014 of the Audit Branch, Finance Department, Government of West Bengal. The reason for the above finding flows from the fact that the tenders valued between Rupees One and Rupees Five Lakhs have not been published as required in respect of such tenders by the Notification dated 24th April, 2014.

Mr. Mukherjee, learned State Counsel, produces a fresh list of Guidelines issued specifically by the Department of Panchayats and Rural Development (DPRD).

According to such Guidelines tenders between Rupees One to Five Lakhs require to be notified only in the Notice Board of the office of Panchayat Samity and the Sub-Divisional Officer as well as deployed in advance on the Board of the Rural Library Tathya Mitra Kendra, if available, within the area of the Gram Panchayat (GP in issue) Having heard the parties and considering the materials placed, this Court cannot, at this stage, bring itself to appreciate the submissions of learned State Counsel for the following reasons:-

(A) That the Notification dated 24th April, 2014 is pursuant to an exercise akin to delegated legislation under Article 166 of the Constitution of India invoked in the name of the Governor qua the West Bengal Financial Rules Vol-I.

(B) The said Guidelines of the DPRD, on the other hand, are in the nature of an administrative circular, which cannot supplant, circumvent or submerge a piece of delegated legislation.

(C) In any view of the matter, there is prima facie substance in the stand taken by Mr. Islam, learned Counsel for the petitioner that accepting the Guidelines on an as-it-is where- it-is basis, the same would only apply to procurement of materials and not to NITs covering construction works.

(D) Mr. Islam, again correctly so, points out that the NIT impugned in the writ petition does not relate to mere procurement of materials but, to a construction work and therefore covered by the Notification dated 24th April, 2014, not by the Guidelines.

In the backdrop of the above discussion, this Court is persuaded to continue the interim order already granted under the end of February, 2019 or, until further orders, whichever is earlier.

Let the matter next appear under the same heading "Mentioned Matters" on 26th February, 2019.

Parties, if and as advised, are entitled to complete and exchange short affidavits to the writ petition by the next date.