SHOBHA RAM SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioners have sought to question, in these proceedings under Article 226 of the Constitution, the legality of two orders dated 12 July 2013 and 15 July 2013 passed by the Chief Executive Officer and by the Director and Chief Engineer in the Rural Engineering Department of the U.P. Rural Roads Development Agency to withdraw a tender enquiry and to initiate the process of inviting fresh tenders.

(2.) Bids were invited on 17 December 2012 by the Superintending Engineer, Rural Engineering Department, Agra Circle, Agra to an e-procurement notice for the construction of roads and their maintenance, under the Pradhan Mantri Gramin Sadak Yojna (PMGSY). The notice was for the district of Mathura in seven packages. A corrigendum was published to the effect that those contractors who had either on their own or on lease gas operated Hot Mixed Plant within the Taj Trapezium Zone located not more than 50 kms. from the site of work or a diesel operated Hot Mixed Plant outside the TTZ area, located at a distance of not less than 50 kms. from the site, would qualify. The bids were opened and were evaluated by the Technical Evaluation Committee. Financial bids were opened and it was found that the bid submitted by the first petitioner was the lowest bid for four packages while the bid submitted by the second petitioner was the lowest bid for the remaining three packages.

(3.) The National Rural Roads Development Agency of the Union Ministry of Rural Development, which is the supervisory authority, deputed a team of two independent monitors following the receipt of a number of complaints about irregularity in the evaluation or award of PMGSY projects in the State during February-April 2013. These complaints, inter alia, pertain to the projects at Mathura and Bulandshahr districts. The two member team submitted its report on 2 May 2013 and found that there were serious irregularities in the evaluation process. The report incorporated various suggestions. Following this, the National Rural Roads Development Agency addressed a communication dated 18 June 2013 to the Principal Secretary (Rural Development) of the State calling for the fixation of responsibility and exemplary action against the officers found involved. The communication stated as follows :