MANI RUR CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) learned counsel for the petitioner and Ms. A. Bora, learned Sanding Counsel, National Health Mission [NHM] for the respondent nos. 2 - 4.

(2.) The case of the petitioner is that he as a proprietor of M/s Tribeni Enterprise, in the year 2013, participated in a tender process initiated by a Short Notice Inviting Tender [SNIT] dtd. 29/8/2013 by submitting his tender papers along with a bid security of Rs.1,73,000.00 for execution of a contract-work viz. 'Strengthening of Existing Blood Bank in Civil Hospitals at SMK Civil Hospital, Nalbari District under NRHM, Assam' ['the Contract-Work', for short] with a bid value of Rs.20,33,452.00. With the emergence of the petitioner as the successful bidder, a Letter of Acceptance [LoA] bearing no. NRHM/C-CW/REP/BLOOD BANK/SMK Civil Hospital/Nalbari/1968/13 dtd. 4/12/2013 was issued under the hand of the Special Consultant, National Rural Health Mission [NRHM], Assam notifying the petitioner that his bid dtd. 4/9/2013 was accepted for a contract price of Rs.20,33,452.00. The petitioner was thereby, requested to furnish performance security of an amount equivalent to Rs.1,73,000.00 within a stipulated time period and to sign the contract agreement. After deposit of the performance security by the petitioner, a contract agreement was signed between the petitioner and the Mission Director, NRHM, Assam on 21/12/2013. After signing of the contract agreement, the petitioner was issued a notice to proceed with the Contract-Work on 21/12/2013.

(3.) Mr. Biswas, learned counsel for the petitioner has submitted that the petitioner never expressed his unwillingness to continue with the Contract-Work. Rather, the petitioner was asked to proceed with the Contract-Work by the Mission Director, NHM, Assam himself by his letter dtd. 15/3/2014. Referring to the contents of the Representation dtd. 30/1/2015, Mr. Biswas has contended that during the interregnum, the cost of materials increased manifold and it would not be possible for the petitioner to complete the balance work at the earlier rate. In the Representation dtd. 30/1/2015, the petitioner requested the respondent authorities in the NHM, Assam to release his running bill amount as well as the performance security at the earliest, after the respondent authorities stopped the execution of the Contract-Work in the mid-stream when it was completed to the extent of 40%.