Karnataka High Court orders technological overhaul of existing e-procurement system to curb submission of forged tender documents by bidders

Key Highlights

• Justice Suraj Govindaraj issued the directions while dismissing a petition filed by Anantha Krishna Shetty, a contractor.
• The petitioner had questioned his debarment, under the Rule 26A of the Karnataka Transparency in Public Procurements (KTPP) Rules, 2000, from participation in public tender process for submitting fabricated licences, non-existing work orders, and inflated work certificates while submitting a bid with Mangaluru City Corporation.
• Pointing out that it is not an isolated instance of submission of forged tender documents, the court said such a trend has not only caused a huge loss to public exchequer but has also damaged integrity of the bidding system besides causing a surge in litigations.
• “The integrity of public procurement is not merely an administrative imperative but a constitutional mandate flowing from the principles of Article 14 (equality) and Article 19 of the Constitution, as it directly impacts the quality of public works, compliance with applicable rules, freedom to carry out trade and profession, and protection of public resources,” the court observed.
• API integration should enabled with licensing and regulatory and financial authorities like Registrar of Companies, GST India Portal, Reserve Bank of India, banks and financial institutions, professional councils, boards, environmental agencies; and State-owned enterprises, smart city entities, infrastructure development boards, municipal corporations, gram panchayats, district administrations, etc., the court said.