Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India supply of Standard Gauge Cars Electrical Multiple Units for use in Mass Rapid transit system |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CONSTITUTION OF INDIA, 1950:Art. 32 r/w Arts. 13 and 299 - Government contracts - Contract for supply of Standard Gauge Cars Electrical Multiple Units for use in Mass Rapid transit system - Award of contract to lowest bidder (L-1) - Challenged - Held: In any challenge to award of contract, the legality and regularity of the process leading to the award of contract is to be examined - Court has to constantly keep in mind that it does not sit in appeal over the soundness of the decision - Court can only examine whether the decision making process was fair, reasonable and transparent - In cases involving award of contracts, court ought to exercise judicial restraint where the decision is bonafide with no perceptible injury to public interest - High Court has, in the case at hand, undertaken that exercise and concluded that there was neither any illegality nor any irregularity in the process of evaluation of the bids or the final allotment of contract - The allotment of contract did not suffer from any illegality as it is understood in the matter of judicial review of administrative action - The process by which the bids were evaluated and eventually accepted was transparent, fair and reasonable and does not, therefore, call for any interference Judicial review - Judicial restraint.ADMINISTRATIVE LAW:Government contract - Award of contract challenged before court - Thereafter, Government directing constitution of a Committee - Held: Government ought to have stayed its hands once the matter landed in court - Inasmuch as Government did nothing of this kind, it did not act properly - Even otherwise, so long as the view taken by the experts of the authority competent to take a final decision is a possible view, the very fact that some other experts have expressed doubts about the sustainability of the GEC values will not be enough to declare that the values offered by respondent no. 2 are unachievable. |
Judge | Honble Mr. Justice T.S. Thakur |
Neutral Citation | 2014 INSC 101 |
Petitioner | M/s Siemens Aktiengeselischaft & S. Ltd. |
Respondent | Dmrc Ltd. & Ors. |
SCR | [2014] 2 S.C.R. 824 |
Judgement Date | 2014-02-14 |
Case Number | 2068 |
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