MUNNA KUMAR JAISWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed seeking the following reliefs:-

(2.) The brief facts of the case are that a notice inviting tender was floated via e-tendering on 16/1/2020 to undertake initial rectification work including the surface renewal works on selected roads as described therein. The petitioner is stated to have submitted his tender bid. However, it is submitted that the private respondent no. 8 had submitted e-tender on 23/2/2020, but had not complied with the norms, whereafter it had resubmitted the tender on 24/2/2020 through e- filing, but had never produced the original documents and papers, however, work order has been illegally issued to the private respondent no. 8 and an agreement has been entered into on 31/7/2020, after the respondent no. 8 has been held to be the successful bidder.

(3.) The learned counsel for the petitioner has submitted that he has sought information under the Right to Information Act and the Public Information Officer-cum-Assistant Engineer, Rural Works Department, Bagaha, by his letter dtd. 1/7/2020, has made available 370 pages of the documents uploaded by the respondent no. 8, however, he has also stated that the re-submission acknowledgment has not been submitted by the private respondent no. 8. It is thus submitted, by referring to the NIT in question, which is Annexure- 1 to the writ petition, that the condition at serial no. 7 specifies that till 15:00 hours on 24/2/2020, the original instrument of EMD, cost of BOQ and affidavit regarding correctness of information provided with the bid document has to be submitted, however, the private respondent no. 8 had not submitted the original documents on 24/2/2020.