Court Orders Detailed Investigation into Bunker Bed Tender for Kasturba Gandhi Balika Vidyalayas
In a significant ruling, the Telangana High Court, presided over by Justice Nagesh Bheemapaka, has addressed the alleged irregularities in the tender process for the supply, commissioning, and installation of bunker beds in Kasturba Gandhi Balika Vidyalayas across Telangana. The case, filed by Peddi Sudershan Reddy, questioned the alleged inaction of authorities on a complaint seeking vigilance investigation into the tender process, which purportedly resulted in financial loss to the state exchequer.
The petitioner, a former chairman of the Telangana State Civil Supplies Corporation Limited and a former member of the legislative assembly, highlighted discrepancies in the tender process. The tender, involving hundreds of crores of rupees, was originally for the supply of 45,360 bunker beds along with mattresses and pillows. It was claimed that the contracts were not fulfilled within the stipulated 120-day period, leading to supplementary agreements without fresh tender invitations, raising questions about transparency and adherence to tender conditions.
Respondents countered that the Vigilance Commission, acting in its advisory capacity, had forwarded the complaint to the concerned department for inquiry. The Court took note of this action and emphasized that once a statutory mechanism is initiated, judicial interference is limited. The court highlighted that the Vigilance Commission, upon receiving the complaint, had referred it to the Secretary, School Education Department, for further investigation.
Justice Bheemapaka underscored that judicial review under Article 226 of the Constitution is discretionary, primarily ensuring that authorities act within their powers and adhere to legal procedures. The court stated that it could not micro-manage administrative inquiries once they have been initiated by the competent authority.
The court directed the Secretary of the School Education Department to conduct a thorough inquiry into the matter and take necessary action, maintaining the interim order until the investigation is concluded. This decision aims to ensure accountability and transparency in public procurement, while safeguarding the interests of the students in Kasturba Gandhi Balika Vidyalayas.
Bottom line:-
Vigilance Commission - Scope and responsibilities - Complaints alleging corruption or misconduct by public officials must be referred for preliminary enquiry and action. Courts cannot micro-manage administrative inquiries once initiated.
Statutory provision(s): Article 226 of the Constitution of India, Vigilance Commission guidelines, Central Vigilance Commission guidelines, General Financial Rules.
Peddi Sudershan Reddy v. Union of India, (Telangana) : Law Finder Doc id # 2917998
