The reasons for issuing notice in this ICA have been stated in our order dated 13.10.2008. The learned Assistant Advocate General has addressed us accordingly.
2. The grievance of the appellant is that whereas there is no provisions for submission of the tender forms on the letterhead of the tenderer/company, his tender has been rejected on the ground that it is not on the letterhead. Learned Assistant Advocate Genera states that it is a term of the tender inquiry that the tenders have to be submitted on the letterhead and seeks support from para-19
(ix) of the Purchase Manual.
3. We have examined the said Manual with the assistance of the learned counsel and the learned Law Officer. We find that para-17 of the Purchase Manual makes it mandatory that the quotations have to be submitted on the prescribed tender form. However, some exception has been made where the quotations are made on the letterhead. We have also examined the proforma tenders (PR8-A and PR8- B) Clause 2 of the Special Instructions in all these forms insists that the tenderers must quote on the prescribed invitation to the tender form. Similarly, the general conditions for various contacts (PR-20, PR-21 and PR-23) also do not make any provision at all for submission of quotations etc. on a letterhead. Having thus examined the said Manual, we do find that the insistence of the respondents that the forms should be on the letterhead and rejecting of a tender/quotation on the sole ground that it is not on ,the letterhead of the tenderer, is violative of the Purchase Manual as also the general special instructions contained in the said proformas.
4. We, therefore, dispose of this ICA with a direction to the respondents that they should act in accordance with the provisions of the said Purchase Manual and the said proformas noted above and in case, a tender/quotation is submitted on the prescribed from, then it should be considered in accordance with law and the instructions contained in the purchase Manual, and not to be rejected on the sole ground that the quotation/tender has not been submitted on the letterhead of the tenderer. No order as to costs. .