PHRANSIS SWER Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. H. L. Shangreiso, learned counsel for the petitioner and Mr. A. Kumar, learned Advocate General along with Mr. K. P. Bhattacharjee, learned GA for respondents.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 11-09-2020 issued by the respondent No.2 (Commissioner and Secretary, Transport Department), Government of Meghalaya. By this order, the respondent No.2 scrapped the earlier tender process and it was decided to start de novo the tender process for setting up of weighbridge cum checkpoint at Ratacherra, East Jaintia Hills District.

(3.) By the notice dated 13-08-2019, the respondent No.3 (Transport Commissioner to the Government of Meghalaya, Transport Department, Shillong-1) invited the Tenders under two Bid System from the Manufacturers/Contractors/Individual/Firms for setting up of weighbridge cum checkpoint at Ratacherra, East Jaintia Hills District. It is the case of the petitioner that 4 (four) persons including him and respondent No.8 (Fourning Siangshai) submitted their bids. It is further the case of the petitioner that the Technical Bid of respondent No.8 was not qualified as his minimum turn over was less than Rs. 10,000,000/- (one crore). It is also the case of the petitioner that he and one Shri. Hameki Pariat were held to be in order and qualified for opening of the Financial Bids. The Bid of Shri. Hameki Pariat was, however, lower than the minimum stipulated amount and, therefore, his Financial Bids was rejected. Consequently, the petitioner's Financial Bids being highest, the tender committee accepted his Bid in the meeting dated 31-10-2019.