SAT GURU OXYGEN COMPANY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Petitioner in this petition has questioned the action of the office of Respondent No.5 whereby vide letter dated 14.12.2019 (Annexure P/1) proceeding of tender No.5863 dated 09.09.2019 has been cancelled.

(2.) Facts of the case in nutshell are that, Respondent No.3 floated a tender bearing No.5863 dated 09.09.2019 (Annexure P/2) for supply of medical gas for the year 2019-20. The Petitioner, a partnership firm engaged in the manufacturing and supply of medical grade gases, participated in the aforementioned tender proceeding by submitting its bid. In the aforementioned tender proceeding, apart from the Petitioner, two other tenderers, namely, M/s Arpan Gases and M/s Shree Balaji Gases have submitted the tender form. The office of Respondent No.5 issued a letter dated 14.12.2019 mentioning therein that tender proceeding of the tender No.5863 dated 09.09.2019 has been cancelled vide Annexure P/1. Issuance of Annexure P/1 cancelling the tender proceeding made the Petitioner to approach this Court by filing writ petition.

(3.) The Petitioner in the writ petition has pleaded about extending undue benefit and accommodating Respondent No.6 by not cancelling its tender document, even though, there is non-compliance of more than one terms and conditions of the tender document. Upon asking for the copy of documents submitted by Respondent No.6 under Right to Information Act, 2005 (hereinafter referred to as 'RTI'), Respondents No.1 to 5 have not supplied the copies of the documents under the RTI within the prescribed period, but the same has been supplied to the Petitioner after long lapse of time. The Petitioner as also one another bidder (Arpan Gases) were technically qualified, but even then, their price bids were not opened, which shows the bias and arbitrary act on the part of Respondents No.1 to 5 and also showing leniency towards the Respondent No.6. It was further pleaded that the action on the part of Respondents No.1 to 5 to cancel the entire tender proceeding is with ulterior motive. In view of aforementioned pleadings amongst others, the Petitioner has sought for following relief(s) :