Interim order not to implement decision to halt procurement process for trial center operation

The Patan High Court has issued an interim order not to immediately implement the decision to halt the bidding process initiated by the Ministry of Labor, Employment and Transport, Transport Management Office, Balaju under Bagmati Province, to rent a trial center for practical driving license exams.

Poush 15, 2082

Subas Bidari

Interim order not to implement decision to halt procurement process for trial center operation

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The Patan High Court has issued an interim order not to implement the decision to stop the procurement process for operating the trial center of the Transport Management Office, Balaju.

The High Court has issued an interim order not to immediately implement the decision to stop the bidding process started by the Transport Management Office Balaju under the Ministry of Labor, Employment and Transport, Bagmati Province, to rent a trial center for the practical examination of driving licenses.

A single bench of Justice Somkant Mainali on Monday ordered not to implement the decision to suspend the bidding process on the instructions of Minister of Labor, Employment and Transport Jayaram Thapa, until the final decision of the writ is made. The bench of Justice Mainali issued an interim order in the name of the opponent as the decision of Minister Thapa and the instructions were not even from the perspective of good faith and balance of convenience.

Minister Thapa had written to the Transport Management Office Balaju on Poush 9 with a seven-point instruction on his letterhead, expressing unnatural interest in the procurement process of the trial center. Vision Driving Academy filed a writ petition on Poush 13 against the decision to suspend the notice made by the office as per the said instruction. Hearing the writ petition, in which four bodies, including the Chief Minister's Office and the Council of Ministers, were named as defendants, the bench of Justice Mainali issued the interim order.

The Transport Management Office, Balaju, had invited sealed bids on December 26, 2005, to rent the land and vehicles required for the written and practical driving license examination. Various organizations had already submitted proposals in the process. However, Bagmati Province's Minister of Labor, Employment and Transport, Thapa, had directed to suspend the bidding process for the time being through a letter on December 21. Implementing the minister's decision, the office had issued a notice to suspend the related process from December 13, 2005. On the writ petition filed against it, the Patan High Court has held that Minister Thapa's decision to suspend the said process was not in good faith.

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