Tarlochan Singh And Others vs Union Of India And Others

Rahul Bharti, J

Heard learned counsel for the petitioners.

The respondent no. 2 – Indian Oil Corporation (IOC) requires tank trucks (“TTs” in short) for the purposes of carrying out the road transportation supply of its crude oil and petroleum products. While some transportation of crude oil and petroleum products is in the normal course of supply to be made by the respondent no. 2-Indian Oil Corporation (IOC) but some road transportation is for advanced winter supplies (“AWS” in short) for bulk oil storage and handling location of the respondent no. 2-Indian Oil Corporation (IOC) for which there is a requirement of TTs for seeking which the respondent no. 2-Indian Oil Corporation (IOC) resorts to private hiring of TTs by issuance of tenders.

In this regard, the respondent no. 2-Indian Oil Corporation (IOC) had issued an NIT no. RCC/NR/PSO/OPS/PT-141/20-21 dated 15.10.2020 for the purpose of bulk petroleum products for advanced winter supplies to be effected from its tendered locations to the supply locations. The requirement of TTs was 318 of 12 – 14 KL capacity for carrying out supply of 46800 KL of petroleum products to Leh/Kargil Sector and 5900 KL petroleum products to Valley Sector.

As a single person/concern may not have at his/its disposal self owned TTs of 318 numbers, so as per the aforementioned NIT any person/concern having three minimum TTs self owned is eligible to offer and join the bid. The supply period to be carried out is three years extendable to another two years in terms of the aforementioned NIT.

As per the mechanism evolved in terms of the aforesaid NIT, all the eligible and qualified bidders are grouped in Lot-1 and Lot-2 in terms of the clause 1.4.7 and clause 1.11. The tenderers/bidders offering highest number of TTs are placed in Lot-1 ranked as per the number of TTs cited by them and for the contingency of Lot-1 listed bidders/tenderers not being able to meet the supply of TTs then the bidders/tenderers placed in Lot-2 having respective number of TTs are meant to be called upon to meet the shortfall by supply of TTs to ensure the due supply of petroleum products for the given tendered period. This Lot-2 has a list maintained tenderer-wise.

The petitioners are the tank truck (TTs) owners. By reference to said tender no. RCC/NR/PSO/OPS/PT-141/20-21 dated 15.10.2020, the petitioners refer themselves to be covered by the operation of clause no. 1.11 (c), which if put in simple words, means that the petitioners too are the qualified bidders and serving the role of a stand-bye that in the event of Lot-1 bidders being found deficient to meet the requirement of the respondent no. 1-Indian Oil Corporation(IOC) for supply of requisite number of TTs then the respondent no. 2-Indian Oil Corporation (IOC) has to fall back upon the stand-bye TTs owners waiting in Lot-2 as per the ranking generated by clause 1.11.

It is by reference to this status that the petitioners had felt themselves aggrieved at the hands of the respondent no. 2-Indian Oil Corporation when for the available shortfall of TTs, the petitioners were not being called upon to supply the requisite number of TTs as per the order of entitlement which led to an institution of the writ petition WP(C) no. 1776/2021.

This writ came to be dismissed by the writ court in terms of judgement dated 13.05.2022 which came to be challenged in LPA no. 49/2022 wherein by virtue of an interim order dated 27.05.2022 the Division Bench was pleased to stay the operation of the impugned judgment with a direction to the respondent no. 2-Indian Oil Corporation (IOC) not to allot the contract in regard to shortfall 25 TTs to the existing tank truck owners who were earlier allotted the contracts and instead the Hon’ble Division Bench observed that the respondent no. 2-Indian Oil Corporation (IOC) shall be free to consider the case of the appellants/writ petitioners along with similarly situated transporters who otherwise fall in L-1 category.

Learned counsel for the petitioners plead that in order to frustrate the operation of the interim direction of the Division Bench, the Deputy General Manager of the respondent no. 2 - Indian Oil Corporation Limited (IOC) has come to create a sham pretext of requirement of 60 TTs for which he has come forward with an advertisement notice dated 14.06.2023 under the garb of which the stand-bye qualified bidders of Lot-2 are being intended to be bye-passed and left high and dry even to the extent of 25 TTs shortfall which forms part of 60 TTs as put to an advertisement.

Learned counsel for the petitioners vehemently submits that though the number 60 spelled out in the notice is meant with a mala fide intent but even if the requirement is of 66 TTs even then said would include 25 TTs shortfall which requires to be first served by the Lot-2 waiting qualified bidders in the order of merit which includes the petitioners as well sitting with a legitimate expectation to the extent that even their earnest money remained long held by the respondent no. 2 - Indian Oil Corporation (IOC) on account of the fact that the petitioners are supposed to maintain their offer/s in a ready state.

In view of the facts and circumstances so set up a prima facie case is made out.

Issue notice to the respondents.

Petitioners to furnish registered postal covers for the service of the respondents within a period of fifteen days, whereupon the Registrar Judicial, Jammu to issue notices to the respondents.

In the meantime, in case the Deputy General Manager, Jammu Depot of the respondent no. 2- Indian Oil Corporation(IOC) Limited intends to carry out the operation of the impugned notice to its operational end, then the Deputy General Manager of the respondent no. 2-Indian Oil Corporation (IOC) shall first offer to the petitioners the shortfall supply of the 25 TTS even if it is meant to be on adhoc basis figuring as qualified bidders in Lot-2 by reference to the advertisement no. RCC/NR/PSO/OPS/PT-141/20-21 dated 15.10.2020

List this case on 19.07.2023.