S. THANMI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr.A.Mohendro, learned counsel for the petitioner. Heard also Mr. K.Rabei, learned counsel for the respondent No.1 and Mr.Roson, learned counsel for the respondent Nos.2 and 3.

(2.) In this writ petition, the petitioner has challenged the rejection of the bids of the petitioner on the ground that these were nonresponsive due to non-submission of 90 Days Bid Validity affidavit declaration as mentioned in the impugned orders of rejection. The said bids were submitted by the petitioner in terms of the tender notice No.NIT No.5/16/2014-MSRRDA/E-Tender/Ph-X(RT) dated 27.12.2014 in respect of Package No.MNO 9127, Package No.MNO 139, Package No.MNO 9125, Package No.MNO 9104, Package No.MNO 9110 and Package No.MNO.439. After the said bids of the petitioner in respect of the aforesaid packages were rejected on similar ground, the petitioner submitted a representation to the Chief Engineer, MSRRDA, Secretariat North Block on 23.3.2015 explaining the position and also stating that he had submitted the necessary affidavits in the Sensitive Bid Documents folder instead of MY Documents list as there were no folder provided for it specifically and the petitioner also stated that the said documents were uploaded as part of the bidding documents. Pursuant to that, the authorities examined the bids of the petitioner but were not accepted by the authority and accordingly, the petitioner s bids stood rejected, and thereafter, the petitioner has filed this writ petition.

(3.) The respondents have filed their affidavit-in-opposition contesting the claim of the writ petitioner and it has been stated in their affidavit-in-opposition in para No.5 thereof that after receiving the representation of the petitioner, the Tender Committee held a Review Meeting on 01.4.2015 and the complaint dated 23.3.2015 of the petitioner was carefully examined by the Committee and it was found that the document regarding 90 days Bid Validity had been uploaded in Sensitive Folder in place of Misc Folder under My Document which the Tender Committee accepted. However, the Tender Committee also found that the petitioner had not complied with the requirements under Clause 12.1(C) of Standard Bidding Document whereunder the petitioner was required to submit the Financial report for the last 5 years certified by Chartered Accountant and the annual turn over Details also certified by Chartered Accountant as provided under sub-clauses (j) and (k) respectively. The respondents stated that it was found that the financial statement of 5(five) years in favour of the petitioner was prepared by Shri S.L.Gangwal and Company (Chartered Accountants), Thangal Bazar, Imphal which is not matching with Profit and Loss Account for the year ending on 31.03.2010 and the same is not certified by the concerned Chartered Accountant in total violation of F 2, Clause 12.1 (C), (j) and (k) of Standing Bidding Document. It has been further stated in para No.9 of the affidavit-in-opposition that while the annual Value of construction works undertaken for the year ending 31.03.2010 had been shown to be 1,25,488/- in the Profit and Loss account for the year ended 31.03.2010, the total amount has been shown as Rs. 1,50,585,096 which are contrary to each other and accordingly, since the petitioner had given wrong information and the requisite report certified by the Chartered Accountant had not filed as mentioned above, the bids of the petitioner had been rejected.