INDU CONSTRUCTION Vs. DIRECTOR GENERAL OF WORKS

JUDGEMENT

(1.) THE petitioner, a partnership firm, has challenged the award of the contract relating to Construction of Staff Quarters at Paradeep required to be constructed for Canara Bank. As per the norms, the Central Public Works Department (in short, "C. P. W. D.") issued notice inviting tenders. Three offers were submitted. Out of the three offers, initially C.P.W.D. authorities had selected one H. K. Pradhan, but it subsequently transpired that aforesaid H. K. Pradhan had already withdrawn his offer. Subsequently, the C. P. W. D. awarded the contract to present opposite party No. 6. The aforesaid action is being impugned by the petitioner.

(2.) THE petitioner, opposite party No. 4 and opposite party No. 6 were heard in person as their lawyers abstained from the Court due to boycott call given by the Bar Association. The parties were given enough opportunities to file their written submissions.

(3.) A bare perusal of the aforesaid instruction clearly indicates that the Department is not bound to accept such a conditional offer. In fact, it has been indicated in the instruction itself. "... ..Normally, such a condition should not be taken into account while determining the lowest tenderer, but while coming to a decision on the tenders, the effect of such a condition given by one of the contractors has to be kept in view......". It is to be noted that opposite party No. 6 had subsequently offered to reduce if he was allowed to procure cement and rods from the market. In such view of the matter/ the opposite parties were not bound to consider the offer of the petitioner as lower than that of opposite party No. 6.