Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 11TH DAY OF JUNE 2024 / 21ST JYAISHTA, 1946 DBP NO. 51 OF 2024 IN THE MATTER OF TRAVANCORE DEVASWOM BOARD - REPORT NO.14 OF 2024 IN PETITION NO.4 OF 2024 - APPROVAL OF ESTIMATE AND AWARD OF CONTRACT FOR THE WORK OF KUMBALATHU SANKUPILLAI MEMORIAL DEVASWOM BOARD COLLEGE SASTHAMCOTTA IN KARUNAGAPPALLY GROUP- MAINTENANCE TO THE CHEMISTRY DEPARTMENT - SUO MOTU PROCEEDINGS INITIATED – REG.
PETITIONER:
THE TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS EXECUTIVE ENGINEER, MAVELIKKARA DIVISION, MAVELIKKARA-690101
BY SRI.G.BIJU, SC, TRAVANCORE DEVASWOM BOARD - TDB
RESPONDENT:
*THE DEPUTY DIRECTOR LOCAL FUND AUDIT, THIRUVANANTHAPURAM-695003
*DESCRIPTION OF THE RESPONDENT IS SUO MOTU CORRECTED AS THE SENIOR DEPUTY DIRECTOR, STATE AUDIT DEPARTMENT, TRAVANCORE DEVASWOM BOARD AUDIT, NANTHANCODE, THIRUVANANTHAPURAM AS PER ORDER DATED 11.06.2024 IN DBP
SR. GP- SRI. S. RAJMOHAN;
AMICUS CURIAE FOR OMBUDSMAN- SRI. P. RAMACHANDRAN THIS DEVASWOM BOARD PETITION HAVING COME UP FOR ADMISSION ON 11.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER Anil K. Narendran, J.
This DBP is registered based on Report No.14 of 2024 of the learned Ombudsman in Petition No.4 of 2024 filed by the Travancore Devaswom Board seeking approval of estimate and award of contract for the work relating to the maintenance of the Chemistry Department of Kumbalathu Sankupillai Memorial Devaswom Board College, Sasthamcotta in Karunagappally Group.
2.
The document marked as Annexure I is a communication dated 04.03.2023 of the Secretary of Travancore Devaswom Board, whereby the Chief Engineer, Travancore Devaswom Board was informed that the Board has accorded administrative sanction for the aforesaid maintenance work at a revised estimate amount of Rs.64,10,000/- based on DSR 2018, including 18% GST, in cancellation of the estimate already sanctioned for Rs.57,38,000/-. In Annexure I, it was made clear that the expenditure for the work shall be met from the College Development Fund.
3.
In the petition, it is stated that the work was e- tendered by giving wide publicity in Malayalam dailies and through Travancore Devaswom Board website, announcing the
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date of tender opening on 16.03.2023. Pursuant to that notification, two bids were received. Out of the two bids, J.
Harikumar quoted 7.3% below the sanctioned estimated rate, whereas Abdul Khalam quoted 7.071% below the sanctioned estimated rate. By Annexure II communication dated 26.04.2023 of the Secretary of the Board, the Chief Engineer was informed that the Board has accorded sanction for awarding the contract work in favour of J. Harikumar at 7.3% below the sanctioned estimate rate. The BOQ competitive chart, tender documents and tender notice were returned along with Annexure II communication, for necessary action. Annexure III is a copy of the technical sanction dated 11.04.2023 granted by the Chief Engineer for the maintenance work in question. Annexure IV is the estimate report prepared by the Executive Engineer, Travancore Devaswom Board, Mavelikkara. Since the estimated amount is above Rs.30 lakhs, Petition No.4 of 2024 was filed before this Court for sanction.
4.
When this petition was pending enquiry before the learned Ombudsman, the respondent Senior Deputy Director filed remarks dated 18.04.2024, wherein it is stated that the Audit requested the following additional details/documents vide letter No.KSA.TDB/C3/554/24 dated 08.04.2024;
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a.
Work Estimate (with DSR code) b.
Copy of Tender notification and it’s newspaper advertisement c.
E-tender Documents d.
Details (year expenditure amount, brief description of the work) of the last maintenance works conducted in the building e.
Whether the work is entered in the ‘Work Register’.
If so ‘serial number’ of the work in the Work Register f.
Whether ‘Maintenance Register’ is maintained in Mavelikkara Maramath Division.
However, the Executive Engineer, Mavelikkara did not produce the documents requested by the Audit till the date of filing of that petition. In paragraph 6 of the remarks, it is stated as follows;
6. It is humbly submitted that the Maramath Divisions of TDB often misses vital documents while filing Petitions seeking approval for public works. Due to this lot of time and manpower is wasting seeking the missing documents.
It also affects and extends the court procedures also.
Hence it is humbly prayed to give directions to the Board to include the following documents mandatory in every petitions filed in future.
a. Request letter for the work b. Site Report of the Engineer concerned c. Work Estimate with DSR code d. Administrative Sanction e. Technical Sanction f. Contract Sanction
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g. Vasthu concurrence, TAC Agreement (if applicable) h. Tender Notification and it’s advertisement documents i. E-tender documents/Tender documents j. Details of necessary entries made in ‘Work Register‘ and other registers (if applicable) k. other special documents/order related to the work (if applicable)
5.
From the report of the learned Ombudsman, we notice that after the filing of the remarks, the Executive Engineer, through the Liaison Officer, handed over a copy of the letter dated 16.04.2023 addressed to the Joint Director, Kerala State Audit Department, Travancore Devaswom Board Audit, which shows that the relevant documents have been served by post. In the report, the learned Ombudsman has pointed out that the file containing all such documents can be entrusted to the Audit at the time of filing Maramath Petition so that the Audit can verify the file and offer their remarks before considering the Petition.
The Executive Engineer has also stated that no maramath works were so far done and the delay in making available the documents is due to the fact that sufficient number of employees are not available in the office.
6.
In paragraph 6 of the report, the learned Ombudsman has also referred to the order of this Court dated 11.11.2022 in DBP No.14 of 2023. The operative portion of that order reads
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thus;
“In such circumstances, we dispose of this DBP directing the 3rd respondent-Chief Engineer to ensure completion of the repair and maintenance work relating to the three colleges, namely, Kumbalathu Sanku Pillai Memorial Devaswom Board College, Sasthamkotta, DB College, Parumala and Sree Ayyappa College, Eramallikkara, as expeditiously as possible. The respondent Nos.2 and 3 are also directed to ensure that in the event of arising the need of having repair and maintenance of any building of the educational institutions under the management of the Board, the same is attended to without any delay. The 3rd respondent is further directed that he shall file a status report in regard to the aforesaid matters before the learned Ombudsman in every six months. The learned Ombudsman is requested to place before this Court matters which require consideration and orders from this Court.”
7.
On 05.06.2024, when this DBP came up for consideration, the learned Standing Counsel for Travancore Devaswom Board and also the learned Senior Government Pleader sought time to get instructions.
8.
Heard the learned Standing Counsel for Travancore Devaswom Board, the learned Senior Government Pleader for the respondent and also the learned Amicus Curiae for the learned Ombudsman.
9.
Petition No.4 of 2024 is one filed by the Travancore
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Devaswom Board in terms of the directions issued by this Court in the order dated 03.06.2010 in W.P.(C)No.16438 of 2010, which was modified by the subsequent orders, whereby the Travancore Devaswom Board has to seek approval of this Court for award of contract involving an expenditure of Rs.20 Lakhs and above.
10. When Maramath Petitions are filed in terms of the directions contained in the aforesaid orders, the same should be accompanied by a copy of the tender notification, work estimate with DSR Code, the newspaper advertisement, the e-tender documents, bids received, work register (if applicable), maintenance register (if applicable), etc. and other relevant documents, so as to enable the State Audit Department to offer its remarks, without any delay.
Having considered Report No.14 of 2024 of the learned Ombudsman in Petition No.4 of 2024 and the submission made at the Bar, we deem it appropriate to dispose of this DBP by granting approval for the estimate and award of contract for the work relating to the maintenance of the Chemistry Department of Kumbalathu Sankupillai Memorial Devaswom Board College, Sasthamcotta in Karunagappally Group. The entire expenditure in this regard will be subject to statutory audit by the State Audit
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Department. Hereafter, when Maramath Petitions are filed before this Court seeking approval for the award of contract involving an expenditure of Rs.20 lakhs and above, the same shall be accompanied by a copy of the tender notification, work estimate with DSR Code, the newspaper advertisement, the e-tender documents, bids received, work register (if applicable), maintenance register (if applicable), etc. and other relevant documents, so as to enable the State Audit Department to offer its remarks, without any delay.
Sd/- ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE AV/