SHILLONG: The Division Bench of the High Court of Meghalaya on Friday directed the Social Welfare Department to float fresh tender for the implementation of supplementary nutritional programme for children and pregnant women, but not before imposing a fine of Rs 5000 and an apology to the public tendered by Director of the Department H.M. Shangpliang through an affidavit.
The action of the Court was following a PIL filed by Agnes Kharshiing, who had among others highlighted that the tender notice did not specify the worth of the tender though the total worth will run into crores of rupees.
The Division Bench in the order wanted the government to withdraw the offending Notice Inviting Tender (NIT) and float the tender afresh, but strictly in accordance with law.
The NIT was earlier floated for supply of ready-to-eat micro nutrient fortified energy-dense food suitable for children up to six years of age and pregnant and nursing mothers under different ICDS projects in the state.
During the hearing, the Court posed certain queries to the senior government advocate, which include the issue of total value of the work, the items to be supplied, and the projects for which the supplies are to be made.
The Court also wanted to know when the annual turnover of the prospective bidder is expected to be Rs.10 crore for last four years, which indicates that the contract may be of high valuation, as to why e-procurement process was not resorted to?
Another query of the Court was why the tender was limited for participation by only the persons in the Northeastern states, and participation has not been open to all the eligible persons?
The Court was concerned as to why the tenders have been invited only from the manufacturers while the dealers, distributors and suppliers have been kept out of the process.
Later, the assistant director of Social Welfare Department filed an affidavit stating that due to the short comings in the NIT, the Department was ready to withdraw it.
The Court, however observed, “Having examined the matter, it is noticed that the value of the work in question is proposed to be fixed at about Rs.40 crore, but then, one of the fundamental objections has still not been responded as to why e-procurement process was not adopted?”
The Court also added that various other objections including that of limiting the participation only to the manufacturers having experience to supply under ICDS in Northeastern states have not been answered. However, the Court agreed to the suggestion of the respondents that they would be floating the tender afresh.
According to the Court, there had been unnecessary wastage of the public money and time where an absolutely unreasonable and questionable NIT was issued and then, corrective steps were not immediately taken even after the flaws and shortcomings were indicated.
The Court further said that in the cumulative effect, the faults and flaws lead to the position that the authorities concerned first of all owe an apology to the public at large and secondly, the authorities, who permitted such process to be taken up at all, need to be saddled with costs.
Later, through an affidavit, the Director of the department tendered apology.
“The shortcomings in the Notice Inviting Tender were not intentional and for which act of omission, I tender my sincere apology to the public on behalf of the government. That I further beg to state that this omission is not intentional, willful and deliberate”, the affidavit said.
