PABITRA KUMAR DAS Vs. STATE OF W B

JUDGEMENT

(1.) In or about May, 1986 an advertisement was published in 'Jugantar' Patrika by and on behalf of the Government of West Bengal and Director of Health Services inviting sealed tenders for the purpose of supply of dietary articles to the various hospitals and institutions for the year 1986-87.

(2.) The tender schedule for 1986-87, contain terms and conditions. It is, inter alia, provided therein that the tenderers would be required to produce up to date Sales Tax clearance certificate, Income Tax clearance certificate and contracts or orders would be awarded only to these concerns which can produce valid Sales Tax clearance certificate and Income Tax clearance certificate. It is further provided that the contracts or orders if awarded would be withdrawn if later enquiry proved otherwise. It is further provided that no firm except these who had participated earlier in diet tender of this Directorate, namely, Directorate of Health Services, would be accepted for 1985-86 unless it produces certificate indicating experience in the similar nature of job at least for one year from a reputable institution acceptable to the Central Diet Committee. The period of contract was from 1st June, 1986 to 31st May, 1987. The petitioners here are unsuccessful tenderers. The contract was awarded to the respondents Nos. 7 to 12. It is the case of the petitioners that they had duly submitted not only Sales Tax clearance certificate and Income Tax clearance certificate in support of their own business but they also submitted certificates in support of their experience in dealing with or in the matter of supply of dietary articles to the Government Hospitals including Dr. B.C. Ray Chest Sanatorium for the last few years. Apart from those each of the petitioners, as claimed by the petitioners, submitted other particulars within the dates stipulated in the tender form.

(3.) On 27th May, 1986 the tenders were opened in presence of various participating tenderers including the petitioners. It was found that the respondent No. 7, Narayan Chandra Ghose, running a business in the name and style of 'Narayan Chandra Ghose' as proprietor thereof, has submitted a tender in respect of Zone VIII to the Central Diet Committee. According to the petitioners on a perusal from the Sales Tax Clearance certificate as submitted by the said Narayan Chandra Ghose started from 1986( ?) and it will further appear, according to the petitioners, that prior to 1986 the respondent No. 7 had not undertaken any business in respect of supply of dietary articles or any other articles in the past. It is the further case of the petitioners that along with the said Sales Tax clearance certificate an affidavit said to have been affirmed by Narayan Chandra Ghose, respondent No. 7, was also furnished wherefrom it would appear that the business started only in 1986 and the Superintendent of Dr. B.C. Roy Chest Sanatorium had granted a certificate of experience in support of said Shri Ghose, respondent No. 7, inter alia, stating that the said Sri Ghose had experience in the matter of diet articles in the past. It is claimed by the petitioners that the said certificate granted by the Superintendent of Dr. B.C. Roy Chest Sanatorium was not only vague and manufactured but would also go to show on the basis of it that the same is false and contrary to the statements made by the respondent No. 7 in the affidavit furnished along with the tender application.