Tirathai Public Co. Ld and others Vs. Ceylon Electricity Board and others – SC FR 108/2016-2016

In the case between Tirathai Public Co. Ltd and the Ceylon Electricity Board and others, the court addressed whether the conduct of the tender process for the supply of power transformers complied with Government Procurement Guidelines, specifically focusing on the legality and propriety of the Secretary to the Line Ministry acting in dual capacities — as both Chair of the Joint Committee and as the awarding authority. It was held that this dual role constituted a conflict of interest and violated principles of natural justice, particularly the rule against bias (nemo judex in causa sua), thereby infringing the Petitioners’ Fundamental Rights under Article 12(1) of the Constitution. The decision relied on relevant procurement guidelines and constitutional provisions, establishing that pub

REF: SC FR 108/2016-2016 Category: Tag:
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