STATE OF PUNJAB Vs. PRITAM SINGH AND SONS

JUDGEMENT

(1.) Leave granted in Special Leave Petition (C) No. 15795 of 1997.

(2.) These appeals are from a judgment of the High court of Punjab and Haryana dated 3/1/1997 in Civil Writ Petition No. 5510 of 1996. The appellants in appeal arising out of Special Leave Petition (C) No. 15795 of 1997 are the Chief Engineer, PWD (Bandr) , Mall Road, Patiala, Punjab and the Superintending Engineer, PWD (Bandr) , Jalandhar, Punjab against whom the High court has passed some adverse remarks. Their appeal is filed against those remarks. CA No. 5813 of 1997 is by the State of Punjab against the impugned order of the High court. The entire dispute arises as a result of a tender which was invited for award of a contract for construction of Tanda side approach road to the high-level bridge over River Beas near Sri hargobindpur in the State of Punjab. The last date for submission of tenders was 24/11/1995. The respondent, M/s Pritam Singh and Sons was one of the tenderers for this contract.

(3.) Under para 7.32 of the PWD (Bandr) Manual which deals with grant of contracts and agreements, it is provided in sub-para (ii) that usually the lowest tender should be accepted unless there be some objection to the capability of the contractor. The reasons for rejecting the lowest tender are also to be recorded on the register of tenders. Under sub-para (iii) , a tender other than the lowest may be accepted only after obtaining the approval of the officer immediately superior to the one who under the Rules is competent to accept the tender. In respect of acceptance of tenders for the execution of work by contract, the Chief Engineer is the highest authority who has full powers in that connection.