RASHTRIYA PARIYOJANA NIRMAN NIGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) In this application under Article 226 of the Constitution, the petitioner has prayed for quashing the order dated 21.3.97 of the Executive Engineer, Telecom Civil Division, refusing to issue tender papers to the petitioner and for a direction on the said Executive Engineer to issue tender papers to the petitioner pursuant to the notice inviting tenders dated 7.1.97.

(2.) The facts briefly are that the petitioner is an undertaking of the Government of India engaged in construction works. Sometime in the year 1995, the Executive Engineer, Telecom Civil Division, Guwahati issued a notice inviting tenders for the work of construction of Administrative Office Building at Panbazar, Guwahati. The petitioner was furnished with tender documents and was allowed to participate in the tender process. But the said notice inviting tenders was subsequently cancelled. Thereafter, a fresh notice inviting tenders dated 7.1.97 (for short 'NIT') was issued by the Executive Engineer, Telecom Civil Division, Guwahati, for the same work of construction of Administrative Office Building at Panbazar from the eligible contractors from the approved list of P&T, CPWD, MES, Railway, Local State PWD (B&R) and other allied Departments of Local State PWD eligible for tendering in respect of State PWD (B&R) for building works. In the NIT, the Central and State Government undertakings were also stated to be eligible to tender on usual terms and conditions applicable to them from time to time. Clauses - 2 and 3 of the NIT which are relevant for the purpose of this writ petition are quoted hereunder:

(3.) The Contractor (s) shall submit Income Tax clearance certificate and list of works completed and in progress of the requisite magnitude alongwith attested copies of certificates/testimonials of their satisfactory completion from the Department concerned obtained from an Officer not below the rank of an Executive Engineer in-charge of the work while applying for issue of Tender Forms....." Pursuant to the NIT, the petitioner applied for purchase of tender documents in his application dated 3.3.97 which was received by the Executive Engineer on 4.3.97., but the petitioner was not issued with tender documents. Instead, the Executive Engineer wrote to the petitioner in his letter dated 10.3.97 asking the petitioner to furnish informations indicated in the said letter. The petitioner then in his letter dated 20.3.97 furnished some informations along with some documents. But by the impugned order dated 21.3.97, the Executive Engineer informed the petitioner that the certificate/documents submitted by the petitioner along with its application did not fulfil the conditions laid down in the NIT and that the tender papers could not be issued to the petitioner. Aggrieved, the petitioner has moved this Court for appropriate relief. 3. At the time of entertaining this writ petition on 27.3.97, the Court was not inclined to pass any interim order restraining the respondents from opening the tender papers pursuant to the NIT on the ground that such order would cause inconvenience to all the intending tenderers who would come to the venue for opening of the tenders, but restrained the respondents from finalizing the tender in favour of any party until further orders and made it clear that the respondents may process the tender papers in the meanwhile. After notice, the respondents have entered appearance and filed their affidavit-in-opposition.