YOGENDRA RAI Vs. GENERAL MANAGER EAST CENTRAL RAILWAY

JUDGEMENT

(1.) The Petitioner has challenged and has sought quashing of the award of tender to Respondent No. 4 for operating jeep-cum-tempo stand in the railway premises of Shahpur Patori Railway Station for three years. Notice inviting tender is dated 2.3.2009 and is Annexure-1 to the writ application. Notice inviting tenders lays down various conditions and requirements including financial capability of the person participating in the bid. Relevant part of the said notice inviting tender relates to the kind of documents which the tenderer has to provide in relation to his financial capability and other documents like voter identity card, driving license and residence. It is necessary to quote part of the notice inviting tenders since the dispute hinges round the interpretation of that clause:

(2.) The stand of the Petitioner is that in support of his financial capability he filed Annexure-2 which is a valuation report furnished by a certified valuer but this valuation report has been rejected on the ground that it is not in conformity with the clauses of the notice inviting tenders. The stand of the Respondents is that this certification should have been by either the Circle Officer, the B.D.O. or the S.D.O. Since the Petitioner's Annexure-2 was not issued by either of the three authorities, his technical bid was rejected and tender was awarded to Respondent No. 4.

(3.) It may be recorded that notices were issued to Respondent No. 4 by registered post. Neither registered post nor acknowledgement due was returned.- In view of that, notice was deemed to be validly served and there is reflection of the same in the order dated 4.11.2009. As of today, there is no representation on behalf of Respondent No. 4.