LAWS(CAL)-2021-4-27

SHIBA PRASAD BANERJEE Vs. STATE OF WEST BENGAL

Decided On April 07, 2021
Shiba Prasad Banerjee Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner participated in a tender dated September 6, 2019 floated by the respondent authorities for cleaning and housekeeping services in respect of two hospitals at Kalna and Katwa and succeeded, along with respondent nos. 9 and 10, in the technical stage. Thereafter there was a tie between the petitioner, respondent nos. 9 and 10 and others at the financial bid stage, for which the fate of the bidders was decided by lots. The petitioner participated and lost in respect of both the hospitals and three others, including respondent nos. 9 and 10, were chosen as successful bidders for each hospital and work orders issued to them. On October 25, 2019, the petitioner gave a representation to the tender issuing authorities indicating his grievances at the selection of respondent nos. 9 and 10 even at the technical stage. The present writ petition has been filed challenging the tender process and consequential work orders and for a direction on the respondent authorities to consider the petitioner's aforementioned representation.

(2.) The petitioner assails the selection of respondent no. 9 on two grounds.

(3.) First, that the petitioner had submitted the PAN Card of Jayanti Saha while all other documents were in the name of M/s Command Security Services, which is respondent no. 9. Secondly, scanned copies of documents, which were required by Clause 10.5.2 of Section VI of the Notice Inviting Tender (NIT) to be uploaded in black and white, were submitted in colour.