SC dismisses FR filed challenging Cabinet decision awarding coal tender | Daily News

SC dismisses FR filed challenging Cabinet decision awarding coal tender

The Supreme Court yesterday dismissed a Fundamental Rights petition filed by a Singaporean company over alleged irregularities said to have taken place when supplying coal to the Lanka Coal Company Ltd in 2015. Three-judge-Bench comprising Chief Justice K. Sripavan, Justice Priyantha Jayawardena and Justice Nalin Perera upheld the preliminary objections raised by Additional Solicitor General S. Rajaratnam on the ground that the petitioner does not have locus standi to invoke the jurisdiction of the court under Article 126 of the constitution.

The petitioner Noble Resources International Pte Limited had cited 75 parties including the President, the Ministers of the cabinet and Swiss Singapore Enterprises Pvt. Limited as respondents.

ASG Rajaratnam raised objections citing that the petitioner who is a company registered under the law of Singapore has invoked the jurisdiction of this Court all by itself without a local agent or a lawyer enjoining him as a petitioner.

The petitioner stated that it has been supplying coal to the Lanka Coal Company Ltd from around or about November 2010 to date. The petitioner stated that the petitioner has supplied approximately 2.5 million metric tones of coal to the Lanka Coal Company Ltd.

The petitioner stated that there has never been any complaint of the quality of coal supplied and the late delivery of coal in fact there has been no complaint against the petitioner of any kind of nature.

The petitioner further stated that the Technical Evaluation Committee evaluated the bids and arrived at a decision that the petitioner was the lowest responsive tenderer and recommended that grant of the contract to the petitioner.

The further stated that the Swiss Singapore Enterprises Pte Limited whose tender was approximately US Dollars 91.55 million higher than that of the petitioner complained to the Standing Cabinet Appointed Procurement Committee (SCAPC) about 2 of the criteria for evaluation specified in the bid document.

The SCAPC directed the TEC to remove the said 2 criteria for evaluation from the bid documents and to evaluation from the bid documents and to evaluate the contract without such criteria.

The respondents maintained that as per the recommendation to issue the contract to Swiss Singapore Enterprises Pte Limited, the cost to the government would increase by Rs.1.62 billion.

The petitioner believes that the cabinet was only informed that the TEC, SCAPC had recommended that grant of the contract to the respondent company without disclosing that aforesaid criteria in the bid document had been taken out that TEC had evaluated and recommended the petitioner as the Lower Responsive bidder as per the bid documents.

The petitioner is seeking an order to set aside the decision of the Cabinet of ministers to award the concerned tender to the Swiss Singapore Enterprises Pte Limited in September 22, 2015.

President’s Counsel Romesh de Silva appeared for the petitioner. Faiz Musthapa, PC appeared for the respondents.


Visit Kapruka.com Sri Lanka's Largest online shop. Over 125,000 unique categories such as Fresh Flowers, Cakes, Food, Jewllery, Childrens Toys and other Sri Lankan e-commerce categories. Low delivery cost to most cities here and free delivery in Colombo.

 

Add new comment