BUILDWELL CONSTRUCTION COMPANY Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order dated 15.11.2011 passed by respondent No.4 rejecting the representation of the petitioner for disqualifying respondent No.5 and for issuance of a direction to the official respondents to reject the bid submitted by respondent No.5, in terms of Clause 4.5 of the Conditions/qualifying criteria.

(2.) In brief, notice inviting tender for execution of periodical repair of road from Khemkaran to Gajjal under Head 3054 (2012-13) was invited through e-tender. The petitioner submitted his bid on 3.11.2012 and respondent No.5 on 5.11.2012 for the same work. The technical bid of both the tenderers was opened on 5.11.2012 as per prescribed norms.

(3.) The value of the bid was Rs. 1,46,00,042.19. The amount quoted by the petitioner was Rs. 1,45,27,042/- and the amount quoted by respondent No.5 was Rs. 1,35,76,779/-. The petitioner claims itself to be A-Class Government Contractor engaged in construction works of PWD(B&R), Municipal Corporation and other projects of State of Punjab, made a representation to respondent No.4 on 10.11.2012 to disqualify respondent No.5 upon whom liquidated damages have been levied due to non-performance. The said representation was rejected by respondent No.4 vide its letter dated 15.11.2012 on the ground that the aforesaid action was not taken against respondent No.5 by the department of PWD(B&R) and hence it cannot be considered disqualified for grant of tender. The case set up by the petitioner is that respondent No.5 is guilty of suppression of facts and is liable to be disqualified in terms of Clause 4.5 of the conditions/qualifying criteria, which reads as under: