MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Reply by way of affidavit of the District Collector-cum- Convener, District Tender Committee, Ludhiana, filed in Court today on behalf of respondents No.1 to 4 is permitted to be taken on record.

(2.) This petition has been filed by the petitioner praying for quashing of order dated 28.08.2019 passed by respondent No. 2 and first appellate authority and order dated 17.09.2019 passed by respondent No. 1 and second appellate authority, whereby the tender in favour of the petitioner has been cancelled in view of Clause 5 (E) of the Punjab Labour and Cartage Policy 2019-2020, with a further direction to go for re-tendering. The petitioner in this petition has also prayed for quashing and staying the fresh tender enquiry dated 10.09.2019, issued by the official respondents, pursuant to the orders passed by the first and second appellate authorities.

(3.) The brief facts leading to the filing of this petition are that the petitioner as well as respondent No.5 applied for awarding of handling contract for Khanna Cluster, pursuant to an advertisement dated 25.04.2019, issued by the official respondents. The petitioner was found to be successful bidder, while the bid of respondent No.5 was rejected. Respondent No.5, being aggrieved by the rejection of his bid, filed an appeal under the Punjab Labour and Cartage Policy 2019-2020 before the first appellate authority. The first appellate authority, vide impugned order dated 28.08.2019, ordered recalling of fresh e-tenders for the work of Khanna Cluster of District Ludhiana, while holding that not just respondent No.5, but the petitioner too was disqualified and was not entitled to be awarded the contract. The petitioner, being aggrieved by the order passed by the first appellate authority, filed a second appeal before the second appellate authority, which has been dismissed vide the impugned order dated 17.09.2019.