RAM PHAL Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) Respondent Nos.2 to 6 are the officers of respondent No.1. Respondent No.1 is impleaded through the Department of Irrigation and Water Resources.

(2.) The petitioner has challenged the award of the work in favour of respondent No.7 M/s Laxmi Construction Company pursuant to the tenders invited by respondent No.1. The petitioner contends that respondent No.7 ought to have been held ineligible to participate in the tender process initiated by a Notice Inviting Tender (NIT) dated 17.11.2017 on the ground that it ought to have been black listed from a date prior thereto.

(3.) The first respondent had originally invited tenders by a notice dated 10.10.2017. The petitioner and respondent No.7 submitted their bids. The technical bids were opened on 17.11.2017. In an internal communication of the official respondents, it was stated that respondent No.7 had failed to submit the physical documents and that the petitioner's tender ought to be accepted. Since the petitioner was the only eligible tenderer it was decided to call for fresh tenders keeping alive the petitioner's tender. This decision cannot be faulted in view of the fact that the petitioner was the only eligible tenderer. It was reasonable, therefore, for the first respondent to invite fresh tenders. Action was also decided to be taken against respondent No. 7 under clause 29 of the NIT which reads as under:-