(1.) Heard Mr. P.K. Bhattacharjee, claiming to be one of the Managing Directors of the petitioner. He is hereinafter referred to as the petitioner- in- person. Also heard Mr. S.C. Biswas, learned Special Counsel assisting Mr. A. Dasgupta, learned senior counsel for the Respondents i.e. N.F. Railway.
(2.) In this writ petition, it is projected that the N.F. Railway had issued a NIT a vide Tender Notice No. SR.DEE/GH/02 of 2015-16 for the works under (i) Tender No. EL/GH/671(R) dated 28.04.2015, for "At PNO-Augmentation of power supply and pumping system for KYQ Laundry, Station and Coaching Complex. (Part-A)" and (ii) Tender Notice No. EL/GH/672 (R) dated 28.04.2015 for "At PNO- Augmentation of power supply and pumping system for KYQ Laundry, Station and Coaching Complex. (Part-B)". The petitioner had submitted his bid in respect of the said works. The tenders were opened on 05.06.2015 and the petitioner was the 2nd lowest bidder (L-2 for short). As the lowest i.e. L-1 bidder did not fulfill the criteria, his bid was rejected and the bid submitted by the petitioner remained as the lowest valid bid. Therefore, the petitioner was expecting the contract to be awarded to him. However, the tender process was cancelled vide the impugned communication dated 06.04.2016, without assigning any reason.
(3.) It is submitted that the evaluation process of the said tender was being carried out in violation of all norms in the guise of examining the credentials of the petitioners. It is submitted that as the respondent No. 7 was under the scrutiny of the Vigilance Department of N.F. Railway, the petitioner was suspicious of respondent No. 7 and, as such, he had written a letter to respondent No. 6 i.e. the Senior Divisional Electrical Engineer, N.F. Railway to ensure the transparency in the matter of evaluation of the matter. It is projected that the respondent No. 7 could not have appointed as the Convener of the "tender evaluation committee", as such, the petitioner had made a complain to the respondent No. 6 and thereafter, by a registered letter dated 23.01.2016, the petitioner had also made a complaint before the Vigilance Department of the N.F. Railway.