PANCHAM SINGH Vs. STATE

JUDGEMENT

(1.) This writ application has been filed for quashing an order dated 17-5-1990 issued by the Superintending Engineer, Durgawati Construction Circle, Rohtas, cancelling the work order dated 2-3-1990 and the agreement dated 9-3-1990, in respect of the construction of Spill-way of Durgawati Reservoir Project. Petitioner No. 1 is the firm and petitioner No. 2 is the partner of the said firm. Petitioner No. 1, the firm, being the main petitioner, is hereinafter referred to as the petitioner.

(2.) Tenders were invited for construction of the aforesaid Project. The tender notice was in two parts. Part I related to pre-qualifications of the tenderers. This part of the tender was opened on 15-6-1989. After scrutiny, according to the petitioner, it was found that the petitioner possessed the basic requirements and qualifications under part I of the said tender notice. Part II of the tender notice related to commercial offer containing rates etc. This part was opened on 19-7-1989.

(3.) It appears that the tenders submitted on behalf of different contractors were placed before the Departmental Tender Committee consisting of Commissioner of Water Resources, the two Engineers-in-Chief Sri R. K. Thakur and Sri H. P. Singh, Chief Engineers Sri L. S. Prasad and Sri Binay Krishna Sahay. The Tender Committee accepted the tender of the petitioner in respect of the said project. The respondent-Engineer-in-Chief by his letter dated 24-2-1990 and the Chief Engineer by his letter dated 1-3-1990 allotted the work to the petitioner. On the basis of the aforesaid orders the Superintending Engineer on 2-3-1990 issued a formal order accepting the tender of the petitioner and advising the petitioner to execute the agreement after depositing the requisite security money in the prescribed form. The petitioner deposited the requisite security money of about Rupees 10,000,00/- (ten lacs) in the prescribed form and a formal agreement was signed between the parties on 9-3-1990.