MAA CONSTRUCTION Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application was initially preferred seeking quashing of the memo no.1068 dated 04.02.2019 issued by the Departmental Tender Committee headed by the Principal Secretary, Road Construction Department (respondent no.1) in connection with package no.25A/OPRMC-2/Chapra. By the impugned memo, the Tender Committee has disqualified the bid of the petitioner at the technical bid stage. It appears that the impugned order/decision (Annexure-5 to the writ application) was taken by the Departmental Tender Committee in its meeting held on 04.02.2019 taking note of the information received from the Chief Engineer (Mechanical), North Bihar, Patna vide his letter no.423 dated 31.01.2019 enclosing the minutes of the meeting of the Tender Evaluation Committee and letter no.161 dated 14.01.2019. The decision of the Departmental Tender Committee originally challenged in the writ application is extracted hereunder:-

(2.) It is the case of the petitioner that the decision taken on 04.02.2019 was objected to, by filing an objection as contained in Annexure-6 to the writ application in which the petitioner had submitted that he had attached and uploaded the documents relating to ownership of Hot Mix Plant (in short 'HMP') which he had acquired through financer "Narbheram Finance Company Ltd., Jamshedpur, Jharkhand". The petitioner also represented that he had got the 'HMP' from the financer under contract/agreement No. NFC/C52/2008 dated 14.02.2018 and the 'HMP' is duly shown in his audited accounts/reports. The said plant also contains the number and the name of the petitioner's firm is embossed on the same. The petitioner enclosed letter no.31.01.2019 issued by the financer giving term loan agreement number and further saying that the term loan agreement has expired by efflux of time as the financer had received all the installments and interest due. A copy of the statement of the receipts showing payment under the agreement was also attached with the certificate issued by the financer.

(3.) By filing I.A. No.1 of 2019 now the petitioner has challenged the order dated 21.02.2019 issued by the Departmental Tender Committee vide memo no.1531 dated 21.02.2019. This time the Departmental Tender Committee expressed its opinion on the objection of the petitioner as contained in Annexure-6 series to the writ application. The relevant part of the decision taken on 21.02.2019 are quoted hereunder for a ready reference:-