High CourtsDivision Bench(2013) 01 KAR CK 0098

M/s Sharp Watch Investigation and Security Services vs Sri R N Nayak The Registrar University of Mysore Craford Hall P.B. No. 406, Mysore-570005

Karnataka High Court · Decided on 24 January 2013

HON’BLE JUDGES
H.S. Kempanna, J · D.V. Shylendra Kumar, J
RESULT
Dismissed
CASE NUMBER
CCC Civil No. 1405 of 2012

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Judgment

9 paragraphs · 427 words
1.

Complainant in this contempt petition is the writ petitioner in W.P. No. 35118/2012 (GM-TEN) complaining that there is violation of the court order dated 11.10.2012 (copy at Annexure-A) as the writ petition came to be disposed of as under:-

ORDER

i) It is open to the 1st respondent-University to invite tenders for providing security services to the University of Mysore and complete the process of appointing new agency within a period of forty five days and in any case before 01.12.2012.

ii) Till the end of November 2012, the petitioner''s-security Agency is allowed to continue subject to condition that on 01.12.2012, under any circumstances, they shall either hand over charge to the newly appointed agency or to any other agency that may be decided by the University, if the process of appointing new agency is not complete. In other words, under any circumstances, the petitioner''s Security-Agency shall not continue after 30.11.2012.

iii) It is open to the respondent-University, as resolved by them vide resolution dated 18.08.2012 to negotiate with other bidders who participated in response to the tender notice dated 16.02.2012, if they so desire and finalise one of such agencies.

iv) If the tender notice is issued., it is open to the 2nd respondent and so also to the petitioner to participate in the tender process.

The contention of the learned counsel for the complainant now is that the security agency services that was being provided by the complainant has been terminated even by October 2012, when as per the order of this Court, it was observed that the complainant''s security agency services were allowed to continue till the end of November 2012 and further they have not invited tenders and on the other hand, in a private negotiations amongst other bidders, it is entrusted to some other bidder.

2.

Notice had been issued to the accused and is represented by counsel Mr. T.P. Rajendra Kumar Sungay.

3.

Statement of objection has been filed. It is inter alia indicated that there is no disobedience of the court order dated 11.10.2012. In this regard liberty was reserved to the University of Mysore to invite fresh tenders for providing security agency services and complete the process within 45 days and before 1.12.2012 or otherwise as indicated in clause (ii) of the operative portion of the order; that the complainant could not be considered as he was not eligible and as such Mr. Rajendra Kumar Sungay, learned counsel, points out that even the complainant''s services could not be extended up to 30.11.2012. Therefore this contempt petition is dismissed.