SC Dismisses Challenge To Kalyana Lakshmi, Shaadi Mubarak Schemes
It noted that a finding of unauthorised expenditure by the CAG could expose the government to accountability before the Assembly or in legal proceedings.
Hyderabad:The Supreme Court on Thursday dismissed an appeal challenging the Telangana High Court division bench order that vacated an interim stay on the implementation of the Kalyana Lakshmi and Shaadi Mubarak schemes, which provide financial assistance to eligible families for the marriage of brides aged 18 and above.
In August, a single judge bench of the High Court had issued interim orders suspending eight government orders (GOs) relating to the implementation of the schemes, in a petition filed by Vijay Gopal, who had argued that the state government could not formulate welfare policies, prescribe eligibility criteria and disburse public funds through executive orders without legislative backing.
The state government challenged this order in an appeal filed before a division bench of the High Court. On September 1, the division bench vacated the stay orders issued by the single judge, noting that the Comptroller and Auditor General (CAG) had not specifically indicted the expenditure under the schemes as lacking legislative or constitutional sanction. It noted that a finding of unauthorised expenditure by the CAG could expose the government to accountability before the Assembly or in legal proceedings.
Petitioner Vijay Gopal approached the Supreme Court challenging the division bench’s findings, questioning how the absence of a specific adverse finding by the CAG could be treated as sufficient justification for the government’s executive orders. He contended that the legality of the schemes and compliance with statutory requirements had to be examined independently, and that the CAG’s failure to flag the expenditure could not, by itself, validate executive action allegedly lacking legislative backing.
Hyderabad:A division bench of the Telangana High Court denied interim relief to Sushee Infra and Mining Limited, which challenged the rejection of its technical bids for three packages of the Radial Road-2 project and alleging that the successful bids were over `600 crore higher than its bid and would impose an additional burden on the public exchequer.
A division bench clarified that the tender process should not be stalled merely because the company’s main petitions challenging the rejection of its technical bids were pending. It suggested that the single judge take up the matter for hearing at the earliest, preferably soon after the next hearing scheduled for October 29.
Sushee Infra had filed the appeal challenging the single judge’s refusal to grant interim relief against its disqualification from the tender process conducted by Hyderabad Growth Corridor Limited (HGCL) for the construction of Radial Road-2, connecting the Outer Ring Road at Kothwalguda (Budwel) to NH-167N near Nacharam over a stretch of 81.15 km.
The company had challenged the rejection of its technical bids for three packages — Budwel to Shabad, Shabad to Gudur, and Gudur to Nacharam. HGCL had disqualified the firm on the ground that its experience certificate did not bear the countersignature of the superintending engineer concerned.
Appearing for the company, counsel argued that the rejection on a technical ground had resulted in a price difference of more than `600 crore compared with the bids accepted by the authorities, potentially imposing a substantial burden on the public exchequer.
Counsel contended that the tender conditions provided a seven-day window for seeking clarifications on submitted documents, but the authorities had not sought any clarification regarding the experience certificate. It was also alleged that the price bids were opened within a minute of completing the technical evaluation, leaving no opportunity to raise objections.
