HC restrains Pondy EB from opening bids invited for privatisation of board

However, since no date has been specified to open the bids, the same shall not be opened after November 25, until further orders, the judge said and adjourned the matter to November 30.The petitioners contended that the action of the SE is against the Electricity Act, 2003. The action is illegal and against the welfare of the employees.

Chennai, Nov. 17 (PTI): The Madras High Court has restrained the Electricity Board of the Puducherry government from opening the bids received in response to a tender notification inviting proposals for privatisation of the Board, until further orders.

Justice R Suresh Kumar passed the interim order on Wednesday while entertaining a writ petition from the Electricity Department Technical Certificate Holders (ITI) Welfare Union, by its president C Arulmozhi and the members of the Union.

The petition sought to quash the proceedings of the Superintending Engineer (SE) of the Puducherry Electricity Board floating a tender on September 27 this year calling for bids for its privatisation.

''Though the petitioners have moved this court to quash the tender documents, this court at this juncture feels that the tender process can go on upto November 25 and let the bids be received by the authorities. However, since no date has been specified to open the bids, the same shall not be opened after November 25, until further orders,'' the judge said and adjourned the matter to November 30.

The petitioners contended that the action of the SE is against the Electricity Act, 2003. Hence, it is without jurisdiction. The Board is not a company and the impugned order states that it is a company which is non-est in the eye of law. When the Board is a profit making department, it is not right on the part of the authorities to privatise it. The action is illegal and against the welfare of the employees. The petitioners are all government employees governed by the Central Civil Rules and their service condition cannot be changed without notice. Hence the action of the SE is without jurisdiction. The petitioners have not been asked for their option as per Rule 37 of the CCS (Pension) Rules. Hence the action of the 4 SE is illegal, they said.

ROH ROH