CAIRO IMPEX PVT LTD Vs. BHARAT COKING COALLTD

JUDGEMENT

(1.) IN these two writ applications, the petitioners have prayed for quashing the office order dated 16 -8 -1999 issued by the respondent No. 3, the General Manager (M&QC;), Bharat Coking Coal Ltd., Sales and Marketing Division, Koyla Bhawan, Koyla Nagar, Dhanbad, whereby the tender, which was opened on 31 -5 -1999, has been cancelled and further for a declaration that the tender dated 19 -6 -1999 invited by the respondents for sale of same commodity is illegal, arbitrary and without jurisdiction. Since the petitioners are aggrieved by this common order, these two writ petitions have been heard and disposed of at the admission stage with the consent of the learned Counsel appearing for the parties.

(2.) THE petitioners' case is that the respondents had issued a tender on 17 -5 -1999 for sale of various qualities of coal including 50.000 MT of Jhama Dust of Damagoria colliery and from NLOCP. The petitioner of CWJC No. 1602/99(R), was interested in purchase of 50,000 MT of Jhama Dust from NLOCP while petitioner of CWJC No. 1601/99 (R), was interested to purchase 50,000 MT of Jhama Dust from Damagoria colliery. The petitioners' further case is that they deposited the earnest money required as per the general terms and conditions of the tender. It. is stated that the petitioners were found to be highest bidder and the other tenderers, who have submitted their rates, were lower than the petitioners. It is stated that the petitioners were shocked and surprised to know that an office order was issued on 18 -6 -1999, cancelling the tender held on 31st May 1999. The petitioners contended that they had fulfilled all the terms and conditions of the tender and there was no irregularity and illegality in holding auction but the respondents, in order to accommodate the other party, have illegally and arbitrary cancelled the tender. Subsequently, respondents have published, a notice in newspaper on 26 -6 -1999 for auction of the same commodities.

(3.) I have heard Mr. M.M. Banerjee, learned Counsel appearing on behalf of the petitioners and Mr. A.K. Sinha, learned Sr. Counsel appearing on behalf of the respondents.