M/S B. K. ENTERPRISES versus THE STATE OF MANIPUR

M/S B. K. ENTERPRISES versus THE STATE OF MANIPUR

The State of Manipur and the concerned Department were directed to issue a fresh NIT for appointment of transport contractor under the Supplementary Nutrition Programme within ten days and to conduct the fresh NIT nationwide via e-Tender in a fair and transparent manner, completing the entire tender process within six weeks from issuance of the e-Tender; the interim arrangement was continued only till 31.12.2021 and the State was directed to file a compliance report; the Court deprecated the State's continued use of interim arrangements without fresh tenders as causing loss to the public exchequer.

Parties
Appellant: M/s B. K. Enterprises; Respondent: The State of Manipur
Jurisdiction
India
Judgment Date
12 November 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment and Order Dated 04.11.2020 in W.a. No.28 of 2018, Disposed by This Court on 12.11.2021
Outcome
Appeal disposed of with directions to the State and concerned Department
Legal Topics
Fresh NIT, E Tendering, Interim Arrangement, Judicial Deprecation, Compliance Directions
Tender/procurement Administrative Law Public Contract Public Expenditure Fresh NIT E Tendering Interim Arrangement Judicial Deprecation +1 more

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Parties

M/s B. K. Enterprises

Appellant

The State of Manipur

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment and Order Dated 04.11.2020 in W.a. No.28 of 2018, Disposed by This Court on 12.11.2021

Legal Issues

  1. 1 Whether the State can continue contracts by interim arrangement without issuing fresh tenders or finalizing the tender process
  2. 2 Whether failure to issue fresh NIT and to conduct tender process caused loss to the State and public exchequer
  3. 3 Whether the Court should direct the State to issue fresh NIT through e-Tender within a stipulated timeframe

Ratio Decidendi

The State of Manipur and the concerned Department were directed to issue a fresh NIT for appointment of transport contractor under the Supplementary Nutrition Programme within ten days and to conduct the fresh NIT nationwide via e-Tender in a fair and transparent manner, completing the entire tender process within six weeks from issuance of the e-Tender; the interim arrangement was continued only till 31.12.2021 and the State was directed to file a compliance report; the Court deprecated the State's continued use of interim arrangements without fresh tenders as causing loss to the public exchequer.

Court Disposition

Appeal disposed of with directions to the State and concerned Department

Orders

  • Respondents to issue fresh NIT for appointment of transport contractor under Supplementary Nutrition Programme (SNP) within 10 days from date of order
  • Fresh NIT to be conducted in a fair and transparent manner through e-Tender and the invitation shall be nationwide