HANUMANBUX UMADUTT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. B.K. Sharma, learned Sr. counsel assisted by Mr. R. Mazumdar, learned counsel for the petitioner and Mr. R. Debnath, learned CGC for the respondents.

(2.) The present writ petition has been filed impugning the action of the respondents in cancelling the tender process by corrigendum dated 4th September, 2018. The pleaded case of the writ petitioner is that in terms of Notice Inviting Tender dated 13th March, 2018 published by the respondents No. 2 calling for online tenders for procurement of Coat Combat Disruptive for Assam Rifles, the writ petitioner had furnished tender papers along with all requisites and on being declared the successful bidder was issued offer letter/letter of acceptance dated 2nd July, 2018. However, even after deposit of the security deposit and sample, the writ petitioner was not issued the work order but instead the respondent authority uploaded information regarding cancellation of tender process in terms of an order dated 4th September, 2018. A writ petition being WP(C) No. 312 of 2018 was filed by the writ petitioner challenging the same and vide order dated 20th December, 2018; this Court directed that hearing be afforded to the petitioner prior to arriving at any decision to cancel the tender. The respondents however, after affording an opportunity as directed, have rejected the case of the writ petitioner and have conveyed the decision to go for re-tendering. As such being aggrieved the writ petitioner is once again before this Court by way of this petition.

(3.) Mr. B.K. Sharma, learned senior counsel assisted by Mr. R. Mazumdar, learned counsel for the petitioner submits that pursuant to the NIT dated 13thMarch, 2018 on behalf of the Assam Rifles, which invited online tenders under two bid system (technical and financial bid) for procurement of coat combat disruptive for Assam Rifles, the petitioner being an eligible proprietorship firm had participated in the tender process along with the other bidders. He submits that the petitioner was declared as a successful bidder having quoted the lowest bid for the supply as was reflected in the tender summary report dated 20th June, 2018 published by the Respondents. Learned senior counsel submits that in pursuance to the tender summary report, the Respondent Authority vide Offer letter dated 2nd July, 2018 requested the petitioner to comply with the conditions as set forth in the Offer letter. Learned counsel then submits that the writ petitioner accordingly complied with the requirements and submitted the advance sample of the product on 2nd July, 2018, and also further furnished the Security Deposit of Rs.30,00,000/- (Rupees Thirty Lakhs) on 16th July, 2018 along with other relevant documents.