Filing of petition
S DEB
(Querist) 07 February 2014
This query is : Resolved
The problem:
Mr. X was aggrieved by the decision of a company ABC as he was not given a fair chance to bid for a tender and wants to file a case against a particular officer of the company who is in a senior managerial capacity and took important decision regarding this particular tender. The tenders were published by the company in newspaper and the name of the officer as mentioned above appeared in the tender notice as authorized representative of the company.
The questions are:
1. Can Mr. X file a case against the particular officer because he was the nodal officer in the tendering process and against whom the majority of the grievance lies ?
Or
2. Should Mr. X file a case against the company which is a juridical person and not against the particular officer ?
malipeddi jaggarao
(Expert) 07 February 2014
What is your grievance. How the action of that particular officer affected your interest? Post full facts.
However, you include both the concerned Officer and the Company.
Guest
(Expert) 07 February 2014
If you have solid evidence and since it is a public tender you could obtain a Stay in Court.
Rajendra K Goyal
(Expert) 07 February 2014
If you have sufficient grounds you can file case against officer, company and the person whom the tender is allotted and also should try to take a stay.
ajay sethi
(Expert) 07 February 2014
contact a local lawyer . did you satisfy eligibility criteria ? did you furnish bidd withing stipulated period . was your bid considered . if your bid was wrongly rejected then you can challenge the award of contract to another company . X should file case against the company .
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
For rejecting the tender, the company should be approached for the reasons and not the the person appointed by the company in this regard. The company will be responsible for the wrong rejection of tender so any action in this regard is to be against the company and not against its employee. If the employee is corruptible, then a complaint on that count against the employee to be made with the company.
Dr J C Vashista
(Expert) 08 February 2014
Despite the fact the senior officer (nodal officer) as mentioned by you has acted in his official capacity, may be included.
But it would be appropriate to make the company a party through its GM/ Director (whatever designation the company mentioned) i.e., the top brass.
AAK
(Expert) 10 February 2014
Is it PSU or some private company?
S DEB
(Querist) 10 February 2014
The company is a PSU. Due to internal problems the tender was cancelled without assigning any reasons thereof after bids were received and therefore Mr. X as aggrieved by this decision of the company.
Guest
(Expert) 10 February 2014
Mr. Deb,
You are a Superintending Enginer and perhaps employed in the stated PSU. But, it is not understood, how you are concerned with the contractor or the nodal officer (supposed to be higher than your status) and also how you are able to know the contractor's intentions to file a case.
Even otherwise also, your company's legal department necessarily has to take care of defending the actions of the nodal officer.
However, if the nodal officer is concerned for additional safeguards than expected from his company's legal department, he can well afford hiring of services of a lawyer at his cost or comapny's cost. So, why you are worried about him?
Moreover, when the contractor has not yet filed any case, nothing can be anticipated for providing any solution in the absence of grounds shown in his application.
malipeddi jaggarao
(Expert) 10 February 2014
In the tender rules, if the company mentions that it reserves the right to cancel the tender process at any stage without assigning any reasons, you can not challenge their decision.
Guest
(Expert) 10 February 2014
Mr. Jaggarao,
Even on existence of such clause, anyone can challenge the arbitrary cancellation of tenders, if that has been done with some malafide intention or to favour someone else, who might not have been able to deposit his tender timely or would not have been the lowest tenderer.
Guest
(Expert) 10 February 2014
Mr. Jaggarao,
Even on existence of such clause, anyone can challenge the arbitrary cancellation of tenders, if that has been done with some malafide intention or to favour someone else, who might not have been able to deposit his tender timely or would not have been the lowest tenderer.
malipeddi jaggarao
(Expert) 11 February 2014
Agreed Mr.Dhingraji
But the author specifically mentioned that the tender process is cancelled due to internal problems. Internal problems do not indicate malafide intention or favouratism. Hence my clarification.
Dr J C Vashista
(Expert) 12 February 2014
Is the author directly connected with acceptance or rejection of the tender, when there is a Senior (Nodal) Officer?
