Ree SRG HOHE BHARAT SARKAR Ya Batata MINISTRY OF RAILWAYS tae aS RAILWAY BOARD No, 2008/RS(G)777/1 New Deihi, dated: 31.10.2013 ‘The General Manager, All Indian Railways & PUs including NF(C). The General Manager, CORE, Allahabad ‘The General Manager. Metro Railway, Kolkata, The Director General. RDSO, Lucknow & Railway Staff College. Vadodara CAOMorkshop Projects organization, 1" Floor, Chamber Bhawan, JC Road, Patna-800001 CAO/DMW, Patiaia and COFMOW., New Delhi CAOIRCFIRBL, Old TA Building, Kishangan), Delhi, CAO, RWP, Bela MDIAII PSUs, under Ministry of Railways Sub: Disclosing the reasons for rejecting/non-issuing of tenders — implementation of Court Order dated 13.04.2012 in WP(C} No. 2092/2012 passed by Hon'ble Delhi High Court, In continuation of Board's letters of even no. dated 23.9.2013 and 7.10.2013 on the above subject, copies of Hon'ble Delhi High Court's Orders (1) dated 13.04.2012 in WP(C) No. 2092/2012 (2) dated 13.05.2013 in WP(C) No.3079/2013 are enclosed for ready reference Sardoelbarted (Santosh Mittal) Dy. Director Railway Stores (G)I Railway Board No, 2008/RS(G\777!" New Delhi, dated: 31.10.2013 Copy to: 1. FA&CAO, All Indian Railways & Production Units 2. ADA (Railways), New Delhi (with 10 spares copies) 3. The Director of Audit, All Indian Railways. Saadenl Maud (Santosh Mittal) Dy. Director Railway Stores (G)! Railway Board No, 2008/RS(G\/777/1 New Delhi, dated: 31.10.2013 Copy to: 1. The COSs, All Indian Railways/PUs, NF(C), Metro Railway-Kolkata, COFMOW, CORE WPO and RWP/Bela 2. PCEs, All Indian Ralways & PUs, COFMOW, DMW, WPO, RCF/RBL. and RWP/Bela3. The Directors- Indian Railway Institute of Sig. Engg, & Telecom, Secunderabad Indian Railway Institute of Mech. & Elec. Engg., Jamalpur Indian Railway Institute of Elect, Engg.,. Nasik Sr. Prof. (Material. Management), Railway Staff College, Vadodara . Indian Railway Institute of Civil Engg., Pune Indian Railway Institute of Logistics & Materials Management, IDA House, Sector IV, R K Puram, New Delhi 4, CMMIRCFIRBL, Kishan Ganj, Delhi 5. Chairman, Railway Rates Tribunal, Chennai 6 Director, iron & Steel, 3, Koila Ghat Street, Kolkata 7. Executive Director (Stores), RDSO, Lucknow 8. Chief Commissioner, Railway Safety, Lucknow 9. Zonal Railway Training Institute, Sukadia Circle, Udaipur 10.Dy. CMM, Workshop Projects organization, 1" Floor, Chamber Bhawan, JC Road, peace Patna Sasctogt Mitied (Santosh Mittal) ~ Dy. Dir. Rly, Stores(G)-1 Railway Board No. 2008/RS(G)/777/1 New Delhi, dated: 31.10.2013 Copy to. 1, The General Secretary, AIRF, 4 State Entry Road . New Delhi 2 The General Secretary, NFIR, 3 Chelmsford Road, New Delhi 3, The Secretary General, IRPOF, Room No. 268, Rail Bhavan, New Delhi 4. The Secretary General, FROA, Room No. 256-D, Rail Bhavan, New Delhi 5. The Secretary General, AIRPFA, Room No. 256-D, Rail Bhavan, New Delhi Segeih ctrl (Santosh Mittal) Dy. Dir. Rly. Stores(G)-| Railway Board Copy to:- Sr. PPSs / PPS / PS to 4, MR, MOS(R)(A), MOS(R)(K) 2. CRB, FC, ML, MS, MM, MT, ME, SECY., DG (RHS), DG (RPF) 3. All Additional Members/ Advisors, Railway Board. 4. All EDs of Railway Board 5. All Directors/Joint Director of Engg., Electrical, Civil, Stores, Signal, Telecom Directorates of Railway Board. 6. Electrical, F(S)-!, Signal Branch and all other Branches of Stores Directorate.a: HIGH COURT OF DELHLAT NEW DELI P(C) 2092/2012 and CM Na.t49/2012 (3 ay) Mis AMIT BROTHERS ..... Petitioner ‘Through: MrSameer Sharma and Mr.Varun Gupta, Advocates. CHIEF ENGINEER, R and D AND ANR...... Respondent ‘Through: Mr.Sachin Datta, cate/Standing Counsel for UOL CORAM ‘The grievance of the petitioner is that the tender documents are not being issued to the petitioner though the petitioner is a registered contractor We may note that we have repeatedly empltasized in vario forders/judgments that whenever a tender is rejected or tender tiocuments are not issued and a party enquires reasons. it is necessary that the {reasons be communicated to such a party t9 avoid unnecessary Titigation as otherwise the tirst round of Litigation is to find out the reasons andhv second round of litigation is to chatlenge the reasons. Despite this, the authorities persist in keeping silent over such representations, ahich we strongly deprecate. We call upun the learned standing counse! for VOL to ensure that all the Government departments are circulated a cominunicationto disclose reasons in such cases where enquiries are made by a contracting party to avoid unnecessary litigation and a compliance repout be filed within two weeks, A copy of this order be circulated along with the communication. WP(C) No.2092/2012 Page { of2 i Insofar as the present case is concerned, learned standing counsel for UOLstates that the reasons why tender documents have not becn issued to the petitioner shall be communicated on or before 16.04.2012 through 2 written communication with a copy being havided over to Leanned counsel for the petitioner rections cision, ifso } ‘The writ petition stands disposed of with the atoresaid di with liberty ¢o the petitioner to challenge any adverse advised, in accordance with law i SANJAY KISHAN KAUL, RAJTV SHAKDHER, 5 APRIL 13, 2012/dmat = IN THE HIGH COURT OF DELHI AT NEW DELHI + WP (C) 3079/2013 RAJESH KUMAR GUPTA Petitioner Through: Mr. Sudhir Nandrajog, Sr. Adv. with Mr. Anupam Gupta, Adv, versus UNION OF INDIA & ANR. .-. Respondents Through: Mr. Aditya Malhotra, Adv. for R-I Mr. Saurav Agrawal, Adv. for R-2. CORAM: HON’BLE MR. JUSTICE SANJAY KISHAN KAUL HON’BLE MR. JUSTICE SANJEEV SACHDEVA ORDER % 13.05.2013 CM Ni 39/2013. emption) Allowed subject to just exceptions WP (C) No.3079/2013 : We are, once again, faced with another writ petition where the gxievance is that the petitioner's bid has been held to be disqualified and finangial bid not opened without disclosing the reasons for the same. This is the position despite the petitioner having sought for reasons. Leamed counsel for the petitioner states that a letter was received only on 10.5.2013 dated 9.5.2013 in response to a letter of the petitioner which again only says that the petitioner did not meet the eligibility criteria but itis not stated as to what is the eligibility criteria which has not been met, We ()Neso7an013 - Page tof} 0, Court Master High Court of Delhi New DelhiIt troubles us that despite our various orders passed calling upon the Governinent to follow a consistent policy in this behalf and to communicate reasons so that two rounds of litigation can be avoided — the first one to elicit reasons from the concemed authorities and thereafter the second one when those reasons are assailed, if advised. Despite our caution and assurances held out by the learned ASG that necessary Government instructions will be issued the same has not happened. We may only refer to our order in WP (C) No.6243/2012 titled BLS International Services Ltd. Vs. Union of India decided on 19,10;2072, which has been preceded by our direction in WP (C) 'No.2092/2012 titled Amit Brothers Vs. Chief Engineer, R & D and Anr. decided on 13.4.2012, where for the nth time we passed the following order: “4, We may add here that on numerous occasions, we have been asking Government and Government authorities to communicate reasons for the decision so that an aggrieved party, if wanting to approach the Court, at least knows the basis for the decision. In fact, we had requested the earlier ASG Mr. A.S. Chandhiok to look into this matter and in certain petitions, directions have been issued for framing of some norms and regulation to ensure that in tender matters the parties are put to notice of the reasons for any adverse decision. This, in tum, was based on our experience over the last more than two years of various matters coming to the Court (almost every tender seems to be challenged in Court), and in the first round the party does not know the reason and they have to approach the Court a second time to assail the decision in a second round after they are communicated the reasons under directions of the Court in the first round. We only hope that the present learned ASG would be able to persuade the authorities to take a constructive step in this behalf. We say no more on this aspect.” It is obvious to us that our directions are being violated by not circulating the order to all the concerned Ministries so that we are not required to, again & again, repeat the same thing. We (0 Nas0r013 Pape 20f3 i eee cour MBStSE ny yh Gout jrigh 2 Wow Dent“Learned counsel for respondent No.2 assures that the reasons would be communicated to the petitioner within a period of four (4) days from today. In case the petitioner is so advised it will be open to him to assail the communication in accordance with law The writ petition accordingly stands disposed of. We have called upon the learned ASG, Mr. Rajceve Mehra, to enter appearance in this matter for purposes of compliance of our directions contained in the order passed in WP (C) No.6243/2012 dated 19.10.2012 failing which the Court will have no option but to issue notice of contempt. The Government circular in this behalf addressed to all the Ministries be placed on record. List for compliance on 16.5.2013 Dasti to learned counsels for the parties and the learned ASG under the signatures of the Court Master SANJAY KISHAN KAUL, J No MAY 13, 2013 SANJEEV SACHDEVA, J. binesh WP (2) No. 307912613 Page 3 ofSIqq AGAR BHARAT SARKAR ta sister MINISTRY OF RAILWAYS Yaa aS RAILWAY BOARD No. 2008/RS(G)/777/1 New Delhi, dated: 23.09.2013 ‘The General Manager, All Indian Railways & PUs including NF(C). The General Manager, CORE, Allahabad The General Manager, Metro Railway, Kolkata The Director General, RDSO, Lucknow & Railway Staff College, Vadodara. ‘CAOMorkshop Projects organization, 1* Floor, Chamber Bhawan, JC Road, Patna-800001 ‘CAO/DMW, Patiala and COFMOW, New Delt CAOIRCFIRBL, Old TA Building, Kishanganj, Delhi, CAO, RWP, Bela MDIAII PSUs, under Ministry of Railways Sub: Disclosing the reasons for rejectinginon-issuing of tenders — impiementation of Court Order dated 13.04.2012 in WP(C) No. 2092/2012 passed by Hon'ble Delhi High Court. Vide its Order dated 13.04.12 passed in WP(C) No. 2092/2012 Hon'ble Delhi High Court has ordered that whenever a tender is rejected or tender document are not issued and a party enquires reasons for the same, it must be communicated to the party. in its order dated 13.05.13 in another case WP(C) No.3079/2013, the Hon'ble High Court has reiterated the order. This instruction has been circulated by Ministry of Finance vide above referred letter. The court judgment is reproduced below for compliance: “Whenever a tender is rejected or tender documents are not issued and a party enquires reasons, it is necessary that the reasons be communicated to such party to avoid unnecessary litigation.” Please acknowledge receipt Serdodl Mattel (Santosh Mittal) Dy. Director Railway Stores (G)! Railway Board No. 2008/RS(G)/777/1 New Delhi, dated: 23.09.2013 Copy to: 1, FA&CAO, All indian Railways & Production Units ADAI (Railways), New Delhi (with 10 ‘spares copies) 2. The Director of Audit, All Indian Railways. Gawkies Meth (Santosh Mittal) Dy. Director Railway Stores (G)! Railway BoardNo. 2008/RS(G)/777/1 New Delhi, dated: 23.09.2013 Copy to: 1 2 The COSs, All Indian Raihways/PUs, NF(C), Metro Railway-Kolkata, COFMOW, CORE, WPO and RWP/Bela PCEs, All Indian Railways & PUs, COFMOW, DMW, WPO, RCF/RBL, and RWP/Bela }. The Directors— Indian Railway Institute of Sig. Engg. & Telecom, Secunderabad Indian Railway Institute of Mech. & Elec. Engg., Jamalpur Indian Railway Institute of Elect. Engg., Nasik Sr. Prof, (Material. Management), Railway Staff College, Vadodara Indian Railway Institute of Civil Engg., Pune Indian Railway Institute of Logistics & Materials Management, IDA House, Sector IV, RK Puram, New Delhi CMM/RCFIRBL, Kishan Ganj, Dethi Chairman, Railway Rates Tribunal, Chennai Director, Iron & Steel, 3, Koila Ghat Street, Kolkata Executive Director (Stores), RDSO, Lucknow Chief Commissioner, Railway Safety, Lucknow Zonal Railway Training Institute, Sukadia Circle, Udaipur Dy. CMM, Workshop Projects organization, 1* Floor, Chamber Bhawan, JC Road, Patna seaoge elon odrel (Santosh Mittal) ~ Dy. Dir. Rly. Stores(G)-1 Railway Board No. 2008/RS(G)777/1 New Delhi, dated: 23.09.2013 Copy to 1. The General Secretary, AIRF, 4 State Entry Road , New Delhi 2 The General Secretary, NFIR, 3 Chelmsford Road, New Delhi 3. The Secretary General, IRPOF, Room No. 268, Rail Bhavan, New Delhi 4. The Secretary General, FROA, Room No. 256-D, Rail Bhavan, New Dethi 5. The Secretary General, AIRPFA, Room No. 256-D, Rall Bhavan, New Delhi Sates Miteed (Santosh Mittal) ~ Dy. Dir. Rly. Stores(G)-1 Railway Board Copy to:- Sr. PPSs/ PPS /PS to @ wrens MR, MOS(R)(A), MOS(R)(K) CRB, FC, ML, MS, MM, MT, ME, SECY., DG (RHS), DG (RPF) Alll Additional Members! Advisors, Railway Board. All EDs of Raitway Board All Directors/Joint Director of Engg., Electrical, Civil, Stores, Signal, Telecom Directorates of Railway Board Electrical, F(S)-, Signal Branch and all other Branches of Stores Directorate.JING Wa BHARAT SARKAR ‘Ya FIT MINISTRY OF RAILWAYS. ‘Yad als RAILWAY BOARD No. 2008/RS(G)/777/1 New Delhi, dated: 7.10.2013 The General Manager, AV Indian Raitways & PUs including NF(C), ‘The General Manager, CORE, Allahabad The General Manager, Metro Railway, Kolkata The Director General, RDSO, Lucknow & Railway Staff College, Vadodara CAQMorkshop Projects organization, 1" Floor, Chamber Bhawan, JC Road, Patna-800001 CAO/DMW, Patiala and COFMOW, New Delhi CAOIRCFIRBL, Old TA Building, Kishangani, Delhi, CAO, RWP, Bela MDIAII PSUs, under Ministry of Railways CORRIGENDUM Sub: Disclosing the reasons for rejecting/non-issuing of tenders — implementation of Court Order dated 13.04.2012 in WP(C) No. 2092/2012 passed by Hon'ble Delhi High Court Please read the words “vide above referred letter” mentioned in last sentence of 1* para of Board's letter of even no. dt. 23.9.2013 as under: (2013 — PPD dated 25/4/2013" Sento Lata {Santosh Mittal) Dy. Director Railway Stores (G)! Railway Board “vide their Office Memorandum No, 26/ No, 2008/RS(G)777/1 New Delhi, dated: 7.10.2013 Copy to: 1. FA&CAO, Alll Indian Railways & Production Units 2. ADAI (Railways), New Delhi (with 10 spares copies) 3. The Director of Audit, All Indian Railways. Sadgovh Leta! (Santosh Mittal) Dy. Director Railway Stores (G)! Railway Board No. 2008/RS(G)7771 New Delhi, dated: 710.2013 Copy to 1. The COSs, All Indian Reilways/PUs, NF(C), Metro Rellway-Kolkata, COFMOW., CORE, WPO and RWP/Bela 2. PCEs, All Indian Railways & PUs, COFMOW, DMW. WPO, RCFIRBL, and RWP/Bela3. The Directors a. Indian Railway Institute of Sig. Engg. & Telecom, Secunderabad b. Indian Railway Institute of Mech. & Elec. Engg., Jamalpur c. Indian Railway Institute of Elect. Engg., Nasik d. Sr. Prof, (Meterial. Management), Railway Staff College, Vadodara e. Indian Railway Institute of Civil Engg... Pune £. Indian Railway Institute of Logistics & Materials Management, IDA House, Sector IV, R K Puram, New Delhi 4, CMMIRCFIRBL, Kishan Ganj, Delhi 5. Chairman, Railway Rates Tribunal, Chennai 6. Director, Iron & Steel, 3, Koila Ghat Street, Kolkata 7, Executive Director (Stores), RDSO, Lucknow 8. Chief Commissioner, Railway Safety, Lucknow 9. Zonal Raitway Training Institute, Sukadia Circle, Udaipur 10.Dy. CMM, Workshop Projects organization, 1" Floor, Chamber Bhawan, JC Road, Patna Santer ste) (Santosh Mittal) Dy, Dir. Rly. Stores(G)+1 Raihway Board No. 2008/RS(G)/777/4 New Delhi, dated: 7.10.2013 Copy to ‘The General Secretary, AIRF, 4 State Entry Road , New Dethi The General Secretary, NFIR, 3 Chelmsford Road, New Delhi ‘The Secretary General, IRPOF, Room No. 268, Rail Bhavan, New Delhi ‘The Secretary General, FROA, Room No. 256-D, Rail Bhavan, New Delhi. ‘The Secretary General, AIRPFA, Room No. 256-D, Rail Bhavan, New Delhi Santesk Mote (Santosh Mittal) Dy, Dir. Rly. Stores(G)-I Railway Board Copy to:- Sr. PPSs / PPS / PS to 4. MR, MOS(R)(A), MOS(R)(K) 2, CRB. FC, ML, MS, MM, MT, ME, SECY., DG (RHS), DG (RPF) 3. All Additional Members/ Advisors, Railway Board 4, AIIEDs of Railway Board 5. All DirectorsiJoint Director of Engg., Electrical, Civil, Stores, Signal, Telecom Directorates of Railway Board 6. Electrical, F(S)-1, Signal Branch and all other Branches of Stores Directorate.