R.P. JAISWAL Vs. SOUTH EASTERN COALFIELDS LIMITED

JUDGEMENT

(1.) The petitioner has filed the instant petition claiming the reliefs as under:-

(2.) The case of the petitioner is that the respondent no.3 on 10/5/2022 issued Notice Inviting Tender (for short, 'NIT') online for the work of 'Replacement of LT and HT Copper by Aluminium cable in different Substation (3.3kv/440) Rajnagar RO and Kurja Sub Area and for supplying and installation of street light timer of different sub area of Hasdeo Area' with estimated cost of Rs.75,26,158.00 prescribing the terms and condition for participating and eligibility of bidders. The petitioner being partnership firm and 'A' class electrical contractor participated in the bidding process.

(3.) The respondent authorities opened the technical bid on 27/5/2022 and tender committee found three eligible bidders for opening of financial bid. The financial bid was opened on 11/7/2022 and the amount quoted by the petitioner was found to be the lowest amongst the other bidders and was declared L-1. On the same day, finding the rates of the petitioner to be quite low compared to the estimated cost, the respondent no.3 sought price justification item-wise as to how the petitioner would ensure payment of applicable wages to employed workmen. The justification of the same was given by the petitioner vide its letter dtd. 12/7/2022 stating that the rates quoted by it is justifiable. It was also assured by the petitioner that the quality and quantity of the material would not be compromised. It was also assured that the labour payment etc. would be done as per norms. It was also undertaken by the petitioner that it would claim the amount of work done only after the completion of work, without claiming any advance payment or part-payment. The respondent no.3 again on 13/7/2022 issued a letter asking for the same justification, which was duly replied by the petitioner vide letter dtd. 13/7/2022.