SHREE GANESH CONSTRUCTION Vs. STATE OF ORISSA

JUDGEMENT

(1.) M/s.Shree Ganesh Construction, which is a partnership firm having Special Class Contracter licence under the Government of Odisha, has filed this petition seeking to quash the order dated 5.2.2016 cancelling the tender for work "Improvement to Pejagala Drainage System & its link Drains in Basta Block of Balasore District under D.I.P. (Phase -1)" on the ground of non - achieving the minimum qualifying criteria and consequential invitation for bids issued by the Superintending Engineer, Drainage Circle, Balasore in e -Procurement Notice No.SEDCBLS -07/2015 -16 and Bid Identification No.SEDCBLS/ DDBLS -15/2015 -16 in Annexure -5 dated 8.2.2016.

(2.) The Superintending Engineer, Drainage Circle, Balasore in the Department of Water Resources vide Annexure -1 invited bids from the intending candidates throughout the State of Odisha as well as out -side the State of Odisha to execute seven nos. of works. As per Clause -3 of the tender call notice, the authorities have specified the mode of bid/ period of availability of bid on -line, date and time of bidding on -line, last date of seeking clarification, date of opening of bid papers etc. In response to the said bid, the petitioner along with three others submitted their cover -I technical bid with cover -II financial bid before the authority concerned within the time specified along with required documents for qualification, information and eligibility criteria, plans, specification with R.C., V.A.T. clearance, PAN card, bid security, no -relation certificate, credentials and affidavit about the authenticity of documents. The bid documents acknowledged by the authorities, the technical bid was opened in presence of the intending bidders in which the petitioner was found to be qualified in all respect, whereas technical bid so far as other bidders are concerned, were rejected. As per the technical bid evaluation summary (at page 16 of the brief), it has been specifically mentioned that the petitioner has qualified in the technical bid and subsequently on 15.1.2016 financial bid of the petitioner was opened in presence of opposite party no.3 and other officers and it was found that the quoted price of the petitioner is less @ 12.07% of the total bid amount, consequently it is the acceptable amount as per clause 14 of the tender call notice. Accordingly, at page 18 of the brief, under the heading "financial bid list", it has been specifically mentioned admitted. The petitioner having qualified both in the technical and financial bid, when it was awaiting for receiving the work order to execute the same, all on a sudden he gathered information that on the ground of non -achieving the minimum qualifying criteria, the tender for the work "Improvement to Pejagala Drainage System & its link Drains in Basta Block of Balasore District under D.I.P. (Phase -1)" has been cancelled and consequently, fresh invitation for the bid has been issued in Annexure -5. Hence, this petition.

(3.) Mr.G.Satpathy, learned counsel for the petitioner urged that the order impugned in Annexure -4 cannot sustain in the eye of law as no opportunity of hearing has been given to the petitioner before such cancellation. The petitioner having been found suitable both in the technical bid and financial bid, cancellation of the tender pursuant to the impugned letter in Annexure -4 without complying due provisions of law cannot sustain and accordingly, he seeks for quashing of the same.