SUDHIR KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner, learned Counsel for the State and learned Counsel for the Bihar Rajya Pul Nirman Nigam Limited.

(2.) The Petitioner prays for quashing the order contained in Memo No. 1900 dated 13.8.2010 issued by the Deputy Chief Engineer, South Bihar Circle, Bihar Rajya Pul Nirman Nigam Limited, Patna under the order of the Managing Director, Bihar Rajya Pul Nirman Nigam Limited, Patna, by which the bid of the Petitioner has been rejected on the ground of his being a single bidder and it has been directed to go for re-tender.

(3.) Shorn of unnecessary details the facts of the case are that a tender notice No. 536 dated 20.3.2010 was published in the daily Hindi newspaper 'Hindustan' on 2.4.2010 in relation to several constructions to be carried on under the Chief Minister Pul Nirman Scheme. The Petitioner applied against Serial No. 8 of the tender notice for construction of a Bridge in the district of Saran over river Tel, Naini Paschim Tola alongwith the approach road for the same. Two other contractors also filed their tenders. The technical bid was opened on 6.4.2010 at 3.30 P.M. in which the Petitioner alone was declared successful. Thereafter the Petitioner was informed by letter dated 5.6.2010 of the Senior Project Engineer, Work Division No. 2, Patna to remain present in the opening of the financial bid on 7.6.2010 in which the Petitioner's offer was 0.5% below the price mentioned in the tender notice. The allegation of the Petitioner is that the Senior Project Engineer (Respondent No. 7) after opening of the financial bid with oblique motive and mala fide intention started bargaining with the Petitioner but on refusal of the Petitioner to satisfy him the impugned order dated 13.8.2010 was issued by which his tender has been rejected on the ground of his being the single bidder.