Case: K.D Sharma Vs. Steel Authorities Of India Ltd

3. Shortly stated the facts of the case are that respondent No. 1, Steel Authority of India Ltd. (`SAIL for short) issued tenders for raising, transporting and loading of iron ore lump and fines into railway wagons at Kalta Iron Mine. The tender was required to be submitted in two parts: (i) Techno-Commercial Parameters (Part-I) and (ii) Price Bid (Part-II). Price bid of the tender was to be opened only after opening of the Techno-Commercial Parameters and if the bidder was found qualified. In response to the first notice dated June 5, 2000, 19 tender papers were sold. The authorities, however, received response only from 10 persons. Techno-Commercial Parameters (Part-I) was opened and it was found that only one bidder, namely, M/s Ores India Pvt. Ltd. (respondent NO. 2 herein) was qualified. The process, therefore, had to be cancelled because for opening of Price Bid (Part-II), minimum three Techno-Commercially qualified offers ought to have been there as per Clause 7.7 of Purchase/Contract Procedure, 2000. Re-tender was, therefore, issued on September 8, 2000, but it was also required to be cancelled owing to `no perceptible improvement in the situation. The tender was floated for the third time, which was unsuccessful. The fourth notice inviting tenders was issued on January 22, 2001. It met with the same fate. Then fifth time, tenders were invited on May 7, 2001 wherein the appellant was found eligible and qualified. His bid was the lowest. The said bid was accepted and the work was entrusted to him. The decision taken by the first respondent (SAIL) came to be challenged by respondent No. 2 in the High Court of Orissa by filing a Writ Petition being OJC No. 3508 of 2002. The main allegation of the petitioner before the High Court (respondent No. 2 herein) was that first respondent (SAIL) cancelled previous four notices inviting tenders only with a view to oblige the appellant and to entrust work to him who could not qualify himself earlier for want of requisite eligible criteria in tender process. Ultimately, the standard as prescribed earlier was relaxed and lowered down in the 5th tender notice. When the present appellant became eligible and qualified, the tenders were opened and his bid was illegally accepted by SAIL. The petition was heard on merits and the High Court vide its judgment and order dated May 30, 2002 dismissed the petition. Respondent No. 2, however, came to know that he was eligible and yet his case was not considered. He, therefore, filed a review in the High Court which was registered as Review Petition No. 4 of 2002. By a judgment and order dated February 3, 2003, the Division Bench allowed the Review Petition and directed the authorities (SAIL) to open fourth tender and consider the case of the petitioner (respondent No. 2) and respondent No. 3 (appellant) afresh in accordance with law within a period of one month from the receipt of the writ. The above order was challenged by the appellant by filing Special Leave Petition in this Court. Special Leave Petition was also filed by SAIL. Both the Special Leave Petitions, however, were dismissed by this Court on November 28, 20034. It is alleged by the appellant that after dismissal of Special Leave Petitions by this Court, SAIL opened tender in presence of the second respondent only without intimating the appellant and in his absence. SAIL also negotiated the rates with the second respondent and decided to entrust the work to him. Meanwhile, several applications were filed before the High Court for clarification and/or modification/ alteration of the order passed in Review Petition. Miscellaneous Case No. 46 of 2004 was filed by respondent No. 2 seeking implementation of the order of the High Court dated February 3, 2003. Miscellaneous Case No. 48 of 2004 was filed by SAIL for clarification while Miscellaneous Case No. 57 of 2004 was filed by the appellant to decide disqualification of respondent No. 2. Miscellaneous Cases 9 and 10 of 2005 were also said to have been filed requesting the High Court to dispose of matters in view of compromise and settlement arrived at between the parties5. The High Court by the impugned order dated February 16, 2005, disposed of all the applications on the basis of the settlement said to have been arrived at between the parties which was duly recorded in the order wherein the present appellant was also a party-respondent. The appellant came to know that fraud had been committed by the respondents upon him as well as upon the Court. He, therefore, filed Miscellaneous Case No. 63 of 2005 on June 28, 2005 to recall the order dated February 16, 2005 alleging inter alia that fraud has been perpetrated by the opposite party on him as well as on the Honble Court. A prayer was also made to investigate the matter by Central Bureau of Investigation (CBI) or Vigilance Authorities. Since nothing was done by the High Court, he again approached this Court by filing Special Leave Petition which was registered as Special Leave Petition (Civil) No. ...... of 2006 (CC 2486 of 2006). The said petition came up for hearing before this Court and was dismissed on May 12, 2006 as not pressed at this stage. It was observed that if the petitioner would make a prayer before the High Court for expeditious disposal of the application to recall the order, the said prayer would be considered appropriately and application would be disposed of accordingly. It is the case of the applicant that even thereafter the recall application had not been placed before the Court and was not decided as directed by this Court. In the circumstances, the appellant approached this Court by filing a Special Leave Petition on September 6, 20066. On October 9, 2006, the matter was placed before this Court for admission hearing. Notice was issued to the respondents. When the matter was placed for further hearing on March 8, 2007, the following order was passed;Though served, nobody appears on behalf of respondent No. 2 (original petitioner). With a view to give one more opportunity, list the matter after two weeks7. According to the appellant, it is only after the above order that the wheels moved very fast. The respondents made all attempts to get the matter on Board before the High Court. The Court finally rejected the prayer of the appellant for recalling of the order and dismissed the application. According to the appellant, all those actions were illegal, contrary to law and deserve interference by this Court.

Reasoning:
46. In the case on hand, the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This is not proper. Hence, on that ground alone, the appellant cannot claim equitable relief. But we have also considered the merits of the case and even on merits, we are convinced that no case has been made out by him to interfere with the action of SAIL, or the order passed by the High Court