STATE OF BIHAR AND OTHERS Vs. AZAZ

JUDGEMENT

(1.) Heard learned Additional Advocate General No.4 representing the State of Bihar and the learned senior counsel for the private respondent.

(2.) Vide order dated 06.05.2016, the learned Single Judge allowed the writ application and quashed the letter dated 27.07.2011 issued by the Superintending Engineer (Mechanical), Mechanical Circle, National Highway, Patna by virtue of which tender No.1/10-11 stood cancelled, and a direction was also issued to the Executive Engineer (Mechanical) to initiate process for re-tender after deleting condition No.1 of the tender.

(3.) The primary reason why the learned Single Judge seems to have quashed the letter or communication dated 27.07.2011 is that there was supposed to be a committee of which the Superintending Engineer was the Chairman. As the decision to cancel the tender was taken by the Superintending Engineer alone and not by the committee, the decision was held to be bad.