HYDERABAD: Making it clear that there cannot be oral orders in the running of the government, that too at the principal secretary level, the High Court has held that the decision of the special commissioner of health and family welfare of Andhra Pradesh government to cancel the tender on administrative grounds as arbitrary.
The court imposed costs of `10,000 on the special commissioner for taking such a decision without proper material. Justice A Ramalingeswara Rao was allowing a petition by the NRI Academy of Sciences, Guntur district challenging the notice issued by the special commissioner cancelling the tender notice called for supply of Tele Ultra Sonography Services for five years.
The petitioner was the lowest tenderer and it was issued letter of intent accepting the rate quoted by it. Later, the special commissioner issued notice cancelling the tender notice. Aggrieved by the same, the company moved the High Court for relief.
The petitioner’s counsel contended that the cancellation of the tender after issuance of letter of intent is mala fide and the authorities concerned are stopped from cancelling the tender notice.
The government counsel categorically stated that there was no file maintained by the concerned principal secretary with regard to the said issue. Even the averments made in the counter affidavit filed by the special commissioner concerned are not supported by proper material.
The judge said that there cannot be oral orders in running the government that too at the principal secretary level and in the absence of written orders the said special commissioner should not have acted upon.
Even the file of the special commissioner does not disclose whether the tender committee met after issuance of letter of intent and took a decision for cancellation of the tender, it pointed out.
The judge allowed the petition with costs of ` 10,000 payable by the special commissioner to the petitioner.