T L CONSTRUCTION Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) The Writ petitioner in WP(C)345 (AP)2015 have prayed for setting aside and quashing of the recommendation letter dated 06.08.2015 and approval order dated 12.08.2015 issued by the Chief Engineer (W2), PWD, Itanagar, whereby name of private respondent firm has been forwarded for construction of CC roads at Bomdila, West Kameng District, Arunachal Pradesh.

(2.) The petitioners in both the writ petitions are Class-I(A) registered firm registered under Public Works Department. In pursuance to Notice Inviting Tender (NIT) dated 07.07.2015, published in local dailies, they along with private respondent and others participated in the tender process. The respondent authorities constituted a Board and the Board initiated scrutiny proceeding. One of the firm namely M/S Tenzin Enterprises was declared non responsive due to non submission of required numbers of documents. It is alleged that the private respondent No. 6 M/S R.D. Enterprises had also not submitted the VAT Registration Certificate, PAN Card, Bank Solvency Certificate etc. Board declared that the case of M/S R.D. Enterprise would be also rejected and rest of the bids will be recommended for financial bids. However, the Superintending Engineer, Rupa Circle after accepting all the tender papers communicated to the Chief Engineer, vide letter dated 06.08.2015 stating that the comparative statement along with justification of rates have been prepared by the Bomdila Division as well as Circle Office. The respondent authorities declared the rate quoted by the private respondent reasonable. In the comparative statement the justification rate is Rs 9,14,33,212/-, whereas, as per estimated cost put to tender is Rs. 9,45,66,000/-. It is alleged that the Superintending Engineer, Rupa Circle in most arbitrary manner unilaterally lowered the estimated cost just to accommodate the respondent No. 6. The State respondents vide order dated 12.08.2012 approved the bid documents of respondent No. 6 which is contrary to established norms. The rate quoted by the private respondent was below 10 % from the rate of the tender amount. That apart the private respondent did not submit the VAT Registration Certificate, PAN card, Bank Solvency certificate, address communication and proof of mobile number and Employees Provident fund Registration certificate and it even failed to submit work done certificate, details of key personnel, details of tools and plants, annual turnover etc of the firm.

(3.) It is further alleged that the government of Arunachal Pradesh in a high level committee minute dated 02.09.2014 had discussed on the proper implementation of projects and special plan Assistance. Under clause 5 of the said minutes it was decided that "No Tender having 10 % amount should be accepted by the department in order to ensure quality and safety of the projects. The copy of the minutes was widely circulated to all departments for strict compliance of the minute of the meeting. But inspite of the fact that private respondent quoted the rate below 10 % i.e. 10.97 %, the respondent authorities deliberately approved respondent No. 6 as contractor for execution of the said works in violation of minutes dated 02.09.2015.