VIMAL KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE dispute herein is one generated from a tender notification no. 04/2015 -16 dated 18 -6 -2015 issued by the respondent No.4 inviting tenders for construction of 50 chuck dams in different areas. The tender had to be submitted by E -tendering method. The notification showing all the terms and conditions was uploaded on the website of irrigation department and also published in local newspapers. The date for submitting tenders was from 08 -7 -2015 to 13 -7 -2015 up to 5Pm.and date of opening the tenders was 14 -7 -2015 at 3.00P.M. The petitioner being a registered Government Contractor submitted tender with all the formalities for four construction works shown at serial numbers 43,44,45and 46 in the notification.

(2.) AS per corrigendum downloaded on website and published in local Newspapers the dates were changed. Date of submitting tenders was extended from 13 -7 -2015 up to 20 -7 -2015 up to 5 P.M.and date of opening the tenders was fixed as 22 -7 -2015 at 3 P.M.

(3.) GRIEVANCE as projected in the writ petition, is that the respondent No. 4 was not in favour of submitting tender by the petitioner, hence a complaint was made by the petitioner before the District Magistrate with request to open the bid under his own supervision or in presence of some other administrative officer nominated by him. It is also alleged that tenders were not opened on due date i.e.22 -7 -2015 as was given in corrigendum neither any notice was pasted on the notice board, though petitioner remained present in the office of the respondents but no any information was provided to him, regarding opening the tender on 22.7.2015. The petitioner reported/complained the matter to the District Magistrate Allahabad. That the respondent No.4 ignoring the legal provisions, as provided in para 360 of the Finencial Handbook (Volume -6)has issued a further Notification on 23 -7 -2015 for the same works, which is also uploaded on the website and published in the local News Papers.