RAMESH KUMAR PANDEY SON OF LATE SHIVAKUMAR PANDEY Vs. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY

JUDGEMENT

(1.) The petitioner has filed this writ petition praying for issuance of a writ in the nature of mandamus commanding the respondent authorities of the State Government to issue a letter of acceptance as well as to enter into an agreement with the petitioner for execution of work of Group No. 2 in terms of the notice inviting tender bearing No. BMSILCL/Infra/23/2015 dated 29.7.2015 issued under the signature of the Chief General Manager.

(2.) Facts of the case briefly stated is that a notice inviting tender was issued under the signature of the General Manager, Bihar Medical Services and Infrastructure Corporation Limited (hereinafter referred to as the 'Corporation') on 29.7.2015, a copy of which is placed at Annexure-1. The tender is for construction of 30 bed hospital at Primary Health Centres at Kochas and Kargahar in the District of Rohtas, at Ali Nagar in the District of Darbhanga and at Mohra in the District of Gaya. The last date for submission of tender was 11.8.2015. The technical bid was to be opened on 13.8.2015 and the date of the financial bid was to be informed through website. The validity of the tender period was 120 days in terms of the Standard Bid Document (hereinafter referred as 'SBD' for the sake of brevity).

(3.) The present dispute relates to the construction of a 30 bed hospital at the Primary Health Centre at Kargahar in the District of Rohtas at an estimated cost of Rs. 2,90,000/- to be completed in 12 months. The earnest money deposit for the work in question listed at Item No. 2 of the tender was Rs. 9,80,000/-. The petitioner along with some others participated in the tender after completing the formalities. The technical bid of the tenderers was opened by the Tender Bid Committee and the papers of the petitioner along with one other contractor, namely, Rajesh Kumar was found to be in order. After the technical bid and scrutiny of the documents, the petitioner was asked to clarify in respect of work experience vide letter dated 26.8.2015 of the Chief General Manager present at Annexure-5 and which was duly responded to by the petitioner vide his letter dated 27.8.2015. According to the petitioner due to the assembly election, the finalization of the tender got delayed and the prescribed period of 120 days lapsed. Since the validity period of the tender could only be extended by mutual consent, that the Chief General Manager vide letter dated 11.12.2015 asked for consent of the petitioner for extension of the validity period for further 120 days vide Annexure-7. The petitioner expressed his consent on the request so made and communicated the same vide his letter dated 14.12.2015 present at Annexure-8. The financial bid was opened on 13.1.2016 and the rate quoted by the petitioner was found 1.11% above the estimated cost in terms of the notice inviting tender. The copy of the financial bid sheet is placed at Annexure-9. The petitioner vide his letter dated 19.1.2016 requested the Managing Director of the Corporation for issuance of the letter of acceptance and for executing the agreement as according to the guidelines after the finalization of the financial bid, a letter of acceptance has to be issued within two working days and an agreement has to be issued within 10 days of deposit of performance security. A copy of the guideline of the Corporation has been enclosed at Annexure-11 which is dated 27.9.2013 and clause-7, 8 and 9 would be relevant for the issue. No steps were taken by the respondents to complete the process and which left no option for the petitioner but to move through the present writ petition. It is after the filing of the writ petition that the tender itself has been cancelled vide notice dated 11.2.2016 and which has been questioned by the petitioner by filing an interlocutory application bearing I.A. No. 1510 of 2016 impugned at Annexure-12. The ground assigned is a single financial bid. The respondents thereafter have proceeded to issue a fresh tender on 09.5.2016 which again has been brought on record vide Annexure-14 to I.A. No. 4227 of 2016 with a prayer to quash the same. The decision of the Financial Bid Committee to cancel the tender due to first time single financial bid dated 23.10.2016 is impugned vide Annexure-17 to I.A. No. 5321 of 2016. The petitioner feeling aggrieved is before this Court.