ASEAN AGENCY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. N. Ratan, learned counsel for the petitioner. Also heard Mr. S. Tapin, learned Senior Government Advocate representing respondent Nos. 1 to 6 and Mr. N. Pada, learned counsel appearing for respondent No. 8.

(2.) This writ petition is directed against the letter, dtd. 28/8/2020 written to the Chief Engineer (CZ-B), Arunachal Pradesh, Pasighat by the Under Secretary, PWD, Government of Arunachal Pradesh, Itanagar, vide No. SPWD/PE-06/NESIDS/CZ-B/2019-2020 (Pt)/188 whereby, it has been conveyed that the tender documents of the petitioner for the work "C/o Road from Rumgong ADC Hq to connect Kaying EAC Hq (64.00 km) (Phase- I) (Molom to Bogne Village 23.00 km) in Siang District of Arunachal Pradesh", which was recommended for approval has not been approved by the government and directed the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat to call for a fresh tender. Also prayed for is a writ in the nature of mandamus directing the respondent authorities to award the work to the petitioner as per the recommendation, dt. 17/2/2020, made by the Chief Engineer (CZ-B), PWD, Arunachal Pradesh, Pasighat.

(3.) The facts leading to filing of the present writ petition, briefly stated, are as follows; Invitation for Bid (IFB) was issued by the Executive Engineer, Rumgong Division, PWD, Arunachal Pradesh vide NIT No. EE/RUM/NESIDS/E-NIT/04, inviting online items rate bids from approved and eligible Contractors of CPWD and those appropriate list of M.E.S, BSNL and RAILWAY and State PWD Class-1 A (B&R) Civil categories in Arunachal Pradesh for the work "Construction of Road from Rumgong ADC Hq to connect Kaying EAC Hq 64 km (Ph-I) (Molom to Bogne village 23.00 Km in Siang District of Arunachal Pradesh)". Availability of tender paper online for bidders was indicated to be on and from 22/7/2019 (1330 hours) to 8/8/2019 (1500 hours). Start and end date and time for online submission of bids was indicated as 29/7/2019 (1500 hours) to 8/8/2019 (1600 hours) and the date and time for opening of the bid was 9/8/2019 (1100 hours) in the IFB. Pursuant to the aforesaid IFB, dtd. 21/7/2019, as many as seven bids were submitted. Upon evaluation of the bids submitted by the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat along with Superintending Surveyor of Works, Office of CE, CZ-B, PWD, Pasighat and two Surveyor of Works, Office of CE, CZ-B, PWD, Pasighat, the bid of the petitioner was found to be substantially responsive and considered as qualified bidder. Thereafter, the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat, vide letter dtd. 17/2/2020 had submitted the tender paper of the petitioner to the Commissioner, PWD, Government of Arun-achal Pradesh for his approval. The Under Secretary, PWD, Government of Arunachal Pradesh, however, in reply to the letter, dtd. 17/2/2020, by the Chief Engineer (CZ-B), PWD, Arunachal Pradesh, Pasighat vide No. CEAP(CZB)/ W-4/NESIDS/BC/RD/DraftNIT/3/2019-20/6188, by the impugned letter, dtd. 28/8/2020, instead of approving the bid of the petitioner as recommended, by the impugned letter, dtd. 28/8/2020, has written to the Chief Engineer(CZ-B), PWD, Arunachal Pradesh, Pasighat to call for a fresh tender, while informing that the bid of the petitioner has not been approved by the Commissioner, PWD, Government of Arunachal Pradesh.