Systemic corruption is a human rights violation
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Eligible earlier, but not now
Remanding the case of Ratnagiri Gas & Power Pvt Ltd vs RDS Projects Ltd back to the Delhi High Court, the Supreme Court has asked it to decide afresh within four months whether RDS was eligible to compete for the works related to the revival of the Dabhol Power Project in terms of the first tender notice issued by Ratnagiri Gas & Power Pvt Ltd (RGPPL). RGPPL, a JV between GAIL and NTPC set up for the revival of Dabhol project, had invited bids in June 2009 for completion of "Breakwater" at LNG Terminal at its site in Maharashtra. Out of the four price bids, RDS was found to be the lowest bidder at R390 crore, which was less than the estimated cost of the project by R160 crore. Later on, RGPPL came out with a second tender for the project, after inserting a new clause with additional eligibility criteria, which eliminated RDS from the bidding process. RDS had challenged the annulment of the tender process and the rejection of its techno-commercial in the high court (HC), which also quashed RGPPL's decisions. While asking the HC to have a relook at the eligibility of RDS, the apex court said that if the HC came to the conclusion that RDS was ineligible in terms of the first tender, then RGPPL will be free to finalise the allotment of works in terms of the second tender notice that disqualified RDS. And if the HC concluded that RDS was eligible to compete for the works under the first tender, then RGPPL shall be free to issue a fresh tender notice without altering the conditions of eligibility as stipulated in the first tender and finalise the process on any other terms and conditions as it deemed fit.
Two cases for the same crime