Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contract: Bidding process - Terms of NIT - Deviation from permissibility |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contract: Bidding process - Terms of NIT - Deviation from, permissibility - Held: Whether a term of NIT is essential or not is a C decision taken by employer which should be respected - Even if the term is essential, the employer has inherent authority to deviate from it provided the deviation is made applicable to all bidders and potential bidders - However, if the term is held by the employer to be ancillary or subsidiary even that decision should be respected - In the instant case, the employer prescribed a particular format of D -ยท bank guarantee to be furnished - Jn such case, bidder ought to -have submitted bank guarantee in that particular format only and nqt in any other format. Administrative law: Administrative action - Judicial review, scope - Held: There must be judicial restraint-in interfering with E administrative action - Ordinarily, the soundness of the decision taken by the authority ought not to be questioned but the decision making process can certainly be subject to judicial review. Doctrines/Principles: Privilege-of-participation principle - Applicability of |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2016 INSC 1192 |
Petitioner | Central Coalfields Limited & Anr. |
Respondent | Sll - Sml (joint Venture Consortium) & Ors. |
SCR | [2016] 4 S.C.R. 890 |
Judgement Date | 2016-08-17 |
Case Number | 8004 |
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