KALI PRASAD MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) Questioning the propriety of revocation of results of Technical Bid dtd. 12/7/2022 and Financial Bid dtd. 14/7/2022 and legality of publishing result of re-evaluation of Technical Bid on 25/7/2022 vide Annexure-7 and fresh publication of result of Financial Bid on 26/7/2022 pursuant thereto vide Annexure-8, the petitioner invoking extraordinary jurisdiction under Article 226/227 of the Constitution of India has approached this Court for exercise of judicial review with prayer to quash the action of the opposite party No.2-Chief Construction Engineer, Rural Works Circle, Sunabeda, Procurement Officer, and to issue writ of mandamus to accept his Financial Bid as declared to be the lowest bid on 14/7/2022.

(2.) Shorn off unnecessary details, factual matrix of the case leading to knocking the doors of this Court as transpired from the pleadings of the respective parties is that the Chief Construction Engineer, Rural Works Circle, Sunabeda in the District of Koraput, the Procurement Officer, (opposite party No.2) issued e-Procurement Notice No.5284, dtd. 25/11/2021, bearing Bid Identification No.CCERWCSBD-Online-17/2021-22, for construction of road and bridge works, where the petitioner, Special Class Contractor, participated with respect to 'Construction and Maintenance of Guneipada-Gudihanjar-Kitchabeda-Jallaput Road under MMSY in the district of Koraput' as enumerated at serial No.23 of Annexure thereto along with other participants including the opposite party No.3-Prateek Smit Nayak. On the objection raised against the opposite party No.3, who is alleged to have submitted forged documents with regard to 'experience', the Tender Grievance Redressal Committee ('GRC', for short) took a decision to cancel the tender with regard to aforesaid work on the ground 'the verification of authenticity of almost all the documents as per the allegations made by the bidders are beyond the scope of the mechanism".

(3.) Upon notice, the opposite party Nos.1 and 2 filed Counter-Affidavit on 3/11/2022, justifying the reconsideration of the Technical Bid as well as the Financial Bid. It is stated that the opposite party No.3 submitted his grievance petition via e-mail of the opposite party No.2 at around 10.22 PM on 13/7/2022 for reconsideration of his bid documents which triggered the GRC to convene meeting on 22/7/2022 to re-evaluate the Technical Bid. Such a grievance being lodged by the opposite party No.3 within 3 days from the date of declaration of Technical Bid Evaluation result and before the date of opening of the Financial Bid, there was scope for reconsideration in view of Clause 7.6.6 of the DTCN read with 2.3.1 of the GIT. The GRC unanimously decided to qualify the bid of the opposite party No.3 on consideration of his representation and thereby revoked the results of the Technical Bid declared on 12/7/2022 and the Financial Bid notified on 14/7/2022.