RAJKUMAR Vs. CHIEF ENGINEER AND HEAD OF DEPARTMENT

JUDGEMENT

(1.) The petitioner before this Court was one of the bidders for a works contract which was to be given by the Public Works Department, Government of Uttarakhand for laying down of interlocking tiles on the roads in a residential area in Haridwar. The bid of the petitioner was Rs.75,48,139.50/- (Rupees Seventy Five Lakh Forty Eight Thousand One Hundred Thirty Nine and Fifty paise only). The petitioner was admittedly declared as L-1 and during the tender process, the petitioner has deposited an amount of Rs.2,67,000/- (Rupees Two Lakh Sixty Seven Thousand only) as earnest money. On 26.12.2018, the petitioner made a request that the work order be issued to him, since he is L-1, but the request went in vain.

(2.) At this stage, it must be also stated that it is an admitted case that the validity period of the contract was 120 days and this 120 days was to be counted from 17.10.2018 and would have expired on 14.02.2019.

(3.) Meanwhile, when the validity period expired on 14.02.2019, the petitioner on 14.02.2019 and 18.02.2019 made a request that since the validity period itself has expired, he is not interested to do the work on the rates on which he was declared as L-1, and therefore, the earnest money deposited by the petitioner be returned.