ZULFIQUAR ALI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. D. Das, learned Counsel for the petitioner and Mr. B.C. Pathak learned Counsel for the respondents.

(2.) The petitioner, one of the tenderers has prayed to quash the letter dated 4.9.2000 (Annexure-4) rejecting the tender dated 14.8.2000 and has sought permission to collect the materials mentioned in the Notice Inviting Tender (for short 'NIT') on payment quoted by him with further prayer for restraining the respondents from re-tendering the materials mentioned in the lender.

(3.) The facts necessary for adjudication of the writ petition are that the petitioner carries contractual business under the name and style of M/s Techno Compact Builders, had submitted tender along with two others in reference to NIT widely published bearing No.T-100/Tender/CTO/2000-01/1 dated 14/8/2000 (Annexure-1) invited in sealed cover for disposal of unserviceable scrapped materials on 'as is where is basis' lying at places mentioned in the table stated in the NIT. The NIT further stated that tender papers would be collected from the Sub-Divisional Engineer (Admn.) C.T.O. Guwahati, during office hours from 17/8/2000 to 28/8/2000 on payment of Rs. 200/- and that tenders along with demand draft as earnest money of Rs.30,000.00 was to be received from 10.00 hours of 18/8/2000 upto 15.00 hours of 29/8/2000 (working hours only) and accordingly the tenders were opened at 3.30 p.m. on 29/8/2000 in the chamber of Sub-Divisional Engineer (Admn.)/Respondent No.4. It was indicated in the NIT that the material could be inspected between 15.00 hours to 17.00 hours on all working days from 17/8/2000 till 25/8/2000. In clause 14 of the NIT it was specifically mentioned that the Sub-Divisional Engineer reserves the right to accept or to reject any tender in full or in part without giving any reason thereon. According to the petitioner as envisaged in the NIT, the petitioner duly inspected the materials mentioned in the NIT and after fulfilling the formalities submitted the tenders in respect of the items (scrapped), namely, copper cable cut pieces, Cable Trolly, Piller, Generators, Gas Cylinders, Misc. items etc, and was the highest bidder shown in comparison to other two participants as below :