ANGESH KUMAR Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Heard Mr. Manish Kumar No.2, learned counsel for the petitioner and Mr. Prabhakar Tekriwal, learned Senior Counsel representing the Food Corporation of India.

(2.) The petitioner has challenged a communication dated 24/01/2020 made by the Deputy General Manager, Regional Office, Bihar, Food Corporation of India (hereinafter referred to as 'the FCF) to the General Manager (Engg.) FCI Head Quarters, New Delhi, whereby a tender notice inviting tender issued by the FCI has been scrapped on the ground that the FCI does not have the requisite engineering staff to monitor and supervise the work in question. The petitioner is also seeking a direction to the respondents, particularly the Chairman and Managing Director of the FCI to hold an inquiry in respect of cancellation of the said bid and award the work on the basis of the said tender notice.

(3.) Indisputably, the tenders were invited for works pertaining to replacement of completely damaged bituminous road with C.C. road at FSD, NRPA; Muzaffarpur, Chanpatia and Darbhanga. M/s Rama Shri Sai Construction Pvt. Ltd., had participated in the said tender and was found to be a lowest tenderer. The petitioner in the present writ application claims to be one of the partners of the said Pvt. Limited Company. It is the petitioner's case as stated in paragraph 9 of the writ application that the financial bid of the Company was accepted, relying on tenders summary reports dated 20/02/2020. It is the specific case of the respondents-FCI on the other hand, that acceptance letter for the said tender was never issued to the lowest bidder.