Saturday, April 23, 2011

HC slams police panel over contract for hydraulic cranes

Thursday, April 21, 2011




The Delhi High Court flayed the Delhi Police (Traffic) Purchase Committee on Wednesday, describing it as a "committee full of blind people". It made the observation while deciding on a tender for 30 hydraulic cranes, meant for towing luxury cars and SUVs. Besides pulling up the members of the panel, which comprised senior police officers from the Traffic department, it also said the task of floating tenders should be given to people with the required expertise. "This is why technical experts should be there in a committee, and police officers should concentrate on the task of maintaining law and order in the city instead. The outcome is there for anybody to see what happens when policemen go into purchases that involve technical acumen. It certainly has something to do with different minds," a Bench of Justices S K Kaul and Rajiv Shakdher said.

Having "lost confidence" in the committee, the Bench asked the Comptroller and Auditor General (CAG) to appoint an independent auditor to look into the matter. It also directed Commissioner of Police B K Gupta to probe and ensure that "no other petitioner is faced with such a Purchase Committee".

The matter concerned a tender floated by the Delhi Police Purchase Committee in August 2010 for hiring 56 small towing cranes and 40 big hydraulic towing cranes for lifting luxury cars and SUVs. A person called Rajesh Saini was found qualified, and the price bids were opened for hiring 30 cranes. The prices were also negotiated by the committee and it was brought down to Rs 4,750 per day per crane in November 2010. Though unsuccessful bidders filed a writ in the court against Saini, they were dismissed in December 2010, settling all controversies relating to the tender.

However, the committee did not issue the appointment letter for the tender to Saini and, in February, informed him that they wanted to give the contract a second thought — apparently because the cranes offered by Saini were too small.

Saini then filed a writ through advocate P S Bindra, terming the police officers' decision as arbitrary.

Taking it up for the first time on March 18, the Bench summoned the committee's head, Special Commissioner of Police (Traffic) Ajay Chaddha, and asked him for an explanation.

Though the counsel for the committee tried to convince the court that Saini's rates were inflated and required re-consideration, the Bench stated that the committee had "displayed gross incompetence". It was "horrendous" that they sent the matter for technical review only after negotiating and re-negotiating the prices, it added.

The Bench said though the exercise of floating tenders was to ensure transparency, the present instance had hardly served its purpose. "It was complete non-application of mind as the technical aspects should have been taken into account at the initial stage. One gets the impression that the committee did not know what it was doing," it observed.

The Bench then asked the Police Commissioner to probe the matter, and submit an action-taken report by the next date of hearing in May.


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