GURPREET SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State as well as respondent nos.5 and 7.

(2.) In the present writ petition, the petitioners have challenged the letter issued vide Memo No.4340 dated 22.12.2016 (Annexure-9) issued by the Deputy Inspector General of Police- cum-Deputy Commandant General Home Guard and Fire Services by which he has communicated the decision to the Director, Information and Public Relation Department, Bihar cancellation of tender no.1 of 2016-17, PR 360 Home 2016-17 I.D. No. 360 dated 1.4.2016 due to unavoidable reasons, requested to issue fresh advertisement of tender in the newspaper circulated in the Bihar along with main Cities, such as, Delhi, Mumbai, Kolkata and Chennai, also prayer has been made to quash the letter no.70 dated 11.1.2017 (Annexure-10) communicated to the Public Information Department for publication of fresh tender no.4 of 2016-17 in the newspaper circulated in the State of Bihar and at main cities i.e. New Delhi, Kolkata, Mumbai and Chennai and for issuance of writ in the nature of mandamus directing and commanding the respondents not to cancel the tender bearing Tender No. 1 of 2016-17 published by the Department of Bihar State Fire Services Home (Police) Department relating to the fabrication of the water mist technology of one tone chassis total 268 in number as has been claimed that all formalities relating to the tender have been completed and only the work order was to be issued in favour of the petitioners on the basis of the negotiation in between the petitioners and respondents and that offer has been accepted to proceed with the matter.

(3.) The State Fire Services Headquarter has published a NIT bearing NIT No.1 of 2016-17 invited tender from interested persons to participate in the work for "fabrication of water mist technology of one tone chassis as per specification after completion of process of tender, chasis shall be provided by the department to the successful tenderer for fabrication but not for demonstration (Annexure-1 to the writ petition). In pursuance thereof eight interested persons filed their respective tender. The present petitioners, namely, M/S United Manufacturing Company, petitioner no.1, Sri Ganesh Fire Equipments, petitioner no.2 and intervenor, namely, M/s Ambala Coach Builders joined the fray. Out of eight contestants, seven contestants participated in opening the tender. The tender was in two parts. First part was dealing with technical bid, whosoever will succeed in the technical bid, would participate in financial bid, lowest tenderer will be allotted the work. The technical bid was in two parts, first part deals with verification of the records, second part was demonstration by context, whoever succeeds will be entitled for final contest. After verification of the records out of seven contestants, six contestants were declared successful. Those declared successful in part-1, were asked to furnish guarantee/ warranty, accordingly both petitioners furnished their respective guarantee/warranty vide letter dated 24.5.2016, 6.8.2016, 11.8.2016 and 22.8.2016 (Annexure 5 series) respectively, all six tenderer participated in demonstration out of six only two contestants, namely, petitioners were declared successful, communicated vide letter dated 16.9.2016 (Annexure-6) of opening of financial bid on 19.9.2016 and petitioners were asked to furnish reasons to offer the rate, which petitioners vide letter dated 19.9.2016 (Annexure-7) offered reasons of quoting their respective rates. Petitioner no.1 had offered Rs.5,45,000/- whereas petitioner no.2 had offered Rs.5,49,000/-, as only petitioners were declared successful in the technical bid. The negotiation between the parties started, final negotiation was arrived, finally they were ready to carry out the work of Rs.5,20,000/- which is apparently clear from the proceeding dated 19.9.2016. The proceeding dated 19.9.2016 (Annexure- E) reflects that petitioners have quoted their respective amount, on negotiation both agreed to do fabrication work of Rs.5,20,000/- each, finally decided to allot the work and divided the work to both the petitioners in 50:50 accordingly recommended to allot the work of fabrication of 134 vehicles with water mist technology but all on a sudden the Deputy Inspector General- cum- Deputy Commandant wrote a letter to the Bihar Public Relation Department communicated the decision of cancelling the tender no.1 of 2016-17 on unavoidable reasons, is under challenge by the petitioners.