J.H. BIO INNOVATIONS PVT. LTD. REPRESENTATIVE THROUGH ITS MANAGER BUSINESS DEVELOPMENT, NAMELY HANUMANTHA RAO; HAVING ITS REGISTERED/CORPORATE OFFICE AT IIND FLOOR, SHIVALAYA ARCADE, SANJAY NAGAR MAIN ROAD, BANGALORE, KARNATAKA 560094 Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) I have heard the parties.

(2.) This writ application has been filed inter alia for grant of following reliefs :

(3.) The petitioner claims to had participated in the tender invited by the institute of Animal Health and Production, Bihar, Patna for supply and establishing of Bacterial Vaccine Production Plant in the institute of Animal Heath and Production, Bihar. Petitioner made an offer by filing its papers. It was declared successful in the technical bid and, thereafter, in the financial bid. Work order was given to it for supply, installation and commissioning of heavy machine and related accessories for establishment of Bacterial Vaccine production Plant. The work was completed and the petitioner submitted its bill. Thereafter, as would appear from the second supplementary counter affidavit filed on behalf of the respondent no.6 i.e., the Director, Animal Husbandry, Government of Bihar, at the time of finalizing the payment of the petitioner, found out certain discrepancies and irregularities in the tender process itself. The matter was scrutinized at the department level and, thereafter, on the basis of such irregularities the order contained in Annexure-6 and 6/A cancelling the concerned tender itself have been passed. In the answer to the query made by this Court, the respondents have clearly stated in the supplementary counter affidavit that no effort ever could be made for restraining the petitioner from supply or installation of instrument at any point of time till it had completed its work. The petitioner in his supplementary affidavit filed on 02.04.2015, after serving a copy upon the State on 23.03.2015 itself, has stated in paragraph no.3 that the orders impugned have been passed in complete violation of the principle of natural justice and without providing any opportunity of showing cause. Thereafter, no counter affidavit has been filed till date answering this allegation. However, at the time of hearing, learned counsel for the State submitted on instruction that it is the fact that the decision concerned was taken after scrutinizing the matter at the payment stage by the department after finding irregularities, however, no show cause notice was ever issued to the petitioner.