The Kerala High Court has issued a strong directive to the Kerala State Electricity Board Limited (KSEBL), instructing it to establish the necessary infrastructure and procedures to publish all work contracts on its official website.
This decision came in response to a writ petition (WP(C) No. 30475 of 2018) filed by six individuals, including T. N. Gopalan @ T. N. Gopalakrishnan, raising concerns about lack of transparency in tender processes.
"Though I find substantial force in the argument of the learned standing counsel for the KSEB on the locus of the petitioner, taking into account the public interest and to ensure transparency, the following directions are issued."
— Justice Mohammed Nias C.P.
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The Court emphasized that since the KSEB is an instrumentality of the State, its operations must be open and fair. The Court specifically addressed the need for transparency in the invitation of tenders, stating that public interest must prevail.
During the hearing, KSEB admitted that it currently lacks sufficient manpower, especially in its Information Technology division, to publish all minor or petty work contracts online. The Board requested a three-month period to arrange the necessary staffing and digital systems to enable the publication of all contract-related information.
"A minimum time-frame of three months would be required to institute adequate infrastructural, human resource, and procedural arrangements to facilitate publication of all work-contracts."
— KSEB's counter affidavit
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The Court, however, extended this period slightly, granting KSEB a total of four months to make the required updates and modifications to its processes.
The Board clarified that emergency situations—such as those caused by accidents, natural calamities, or electrical hazards—would remain exceptions where advance publication of tenders is not feasible. In all other cases, however, a transparent and open process must be ensured.
"In cases involving emergency works… advance publication of tender notices is neither feasible nor advisable. However, in all other categories of work, wide publicity is provided."
— KSEB's counter affidavit
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This directive from the High Court is seen as a significant step towards ensuring fairness and transparency in public contracting and preventing allegations of favoritism. It reflects a broader judicial trend of holding public authorities accountable in the digital age.
Advocate P.B. Ajoy appeared for the petitioners, while the respondents were represented by Advocates G. Keerthivas, Riji Rajendran, and Senior Government Pleader Surya Binoy. The judgment was delivered on April 11, 2025.
"The Court’s instruction to publish work contracts online is a positive move towards transparency and public accountability in government operations."
Case No: WP(C) 30475 of 2018
Case Title: T. N. Gopalan @ T. N. Gopalakrishnan and Others v State of Kerala and Others
