SHILLONG: The Meghalaya High Court has identified severe “cartelisation” in the tendering process for constructing a multi-purpose indoor stadium in Nongtrai village, Mawsynram, valued at Rs 2.87 crore.
Observing bid-rigging and cartelisation, the court recently quashed a work order issued by Meghalaya Power Generation Corporation Limited (MePGCL) in favour of one Taibin Warjri in February.
The court noted that Warjri, Connie F Sawkmie, Collinstar Sawkmie, and Mostophar Kharkongor had submitted identical bids, raising concerns of unfair practices.
“The submission of identical rates by the four tenderers is against the basic principles of competitive bidding and is contrary to the purpose and concept of an open tender system. Such practices need to be discouraged,” the court reportedly observed.
The court observed that the non-participation of the accused parties in the proceedings further supported the claims of one of the tenderers, Odimer Syiensad of Langkyrding Mihngi, East Khasi Hills, who had filed the petition challenging the awarding process as being non-transparent and rigged.
The petitioner was represented by senior advocate Surajit Dutta and assisted by advocate Indranil Lahiri.
The court found it troubling that tender processes, which involve the allocation of public funds, aren’t transparent. It stressed on a high level of transparency and honesty from the authorities responsible for making such decisions.
It observed that there is a serious flaw in the decision-making process and there exists elements of “procedural impropriety, irrationality, arbitrariness and unreasonableness on the part of the tender committee.
“…which has gone beyond its jurisdiction and mandate, apart from the award of contract also being the product of cartelisation,” it reportedly added.
The court said in this case, it appears that the tender committee had taken upon itself the task of settling the contract, which should be within the discretion of the owner of the contract, or the authority that had floated the Notice Inviting Tender (NIT).
