ALL INDIA ENVIRONMENT EDUCATION SOCIAL WELFARE SOCIETY, DISTRICT SAMASTIPUR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The present writ petition has been filed for quashing the order dated 21.04.2011 by which the Divisional Railway Manager, Commercial East Central Railway, Samastipur (Respondent No. 4) has allotted tender in favour of Respondent No. 5 despite the petitioner having offered a higher bid.

(2.) Learned counsel for the petitioner submits that the reasons for non-consideration of the petitioner's tender are wholly arbitrary and unsustainable and beyond the conditions stipulated in the tender documents. The respondents in their counter affidavits have erroneously supported their action on the

(3.) Learned Senior counsel Mr. D.K. Sinha, on behalf of the respondent Railways, on the other hand, submits that furnishing of the earnest money by the Chairman of the tenderer in his personal capacity defeats of the very purpose of inviting tender from the reputed Organizations/Cooperative Societies and no fault can be found in the action of the respondents. It is further submitted that the tenderers had been invited to be present at the time of opening of the tenders so that defects, if any, could be cured by them but the petitioner chose to stay away during the opening of the tender and as such Packet-B of the petitioner was not opened.