Violation of standing instructions
21/10/2020
Shocking it may sound but it is a fact that while Finance Department is repeatedly laying thrust on floating of tenders only after accord of administrative approval, technical sanction to the works and availability of budgetary provision, the compliance from the executing agencies has largely remained dismal for the reasons best known to them. This act on the part of tender issuing authorities is in violation of standing instructions and codal provisions as stipulated in General Financial Rules as the tenders can only be issued in respect of any work which have financial back-up/budgetary provision duly approved by the competent authority.
The Finance Department had even quoted some works for which tenders were issued without availability of funds and these included construction of roads along with drains, laying of pipes by the Roads and Building Department, up-gradation of roads by SICOP, which comes under the administrative control of Industries and Commerce Department and several works of Tourism Department.
However, there was no strict compliance to these instructions and Financial Commissioner was compelled to issue circular in which he observed that the executing agencies, while uploading tender documents on e-portal, are not following uniform standard terms and conditions and some of the terms and conditions are vague which may lead to unnecessary litigations. Shockingly, circular instructions have fallen on the deaf ears as still there is no end to the practice of violating the General Financial Rules while floating tenders and this has come to the fore from the circular issued by the Public Works (Roads and Buildings) Department.
Contrary to the instructions issued by the Government from time to time, it has been observed that tenders are still issued without accord of administrative approval and technical sanction. Moreover, some tenders have been invited indicating the position of funds as demanded.
Keeping in view continuous non-compliance, there is a need to initiate action against the delinquent officers as per the Service Conduct Rules including penalty equivalent to liability caused due to non-adherence of standing rules/regulations and codal provisions as provided in the GFR.
Instead of issuing one after another circular on the subject and merely issuing warnings the Government must start seeking explanation from the concerned delinquent officers before initiating disciplinary action and this is the only remedy available with the Government now keeping in view non-serious approach of the concerned authorities.
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